People of State of New York v Elliott Malone
Motion No: 2007-01014 ORCR
Slip Opinion No: 2008 NYSlipOp 88137(U)
Decided on October 29, 2008
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK,

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT : McCABE, J.P., TANENBAUM and MOLIA, JJ.

NO. 2007-1014 OR CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-


ELLIOTT MALONE,

Appellant.

DECISION Motion by appellant to compel the filing of an amended return pursuant to CPL 460.10 (3) is granted, and such a return responding to the allegations in appellant's affidavit of errors shall be filed by the court below with this court and served upon the parties within 21 days of the date of the order hereon.