People v Giuca, John
Motion No: 2005-10345
Slip Opinion No: 2008 NYSlipOp 91261(U)
Decided on December 5, 2008
Appellate Division, 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 Division: Second Judicial Department

M79478

E/sl

FRED T. SANTUCCI, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

RANDALL T. ENG, JJ.

2005-10345

The People, etc., respondent,

v John Giuca, appellant.

(Index No. 8166/04)

DECISION & ORDER ON MOTION

Renewed motion by the appellant to hold an appeal from a judgment of the Supreme Court, Kings County, rendered October 19, 2005, in abeyance pending determination by the Supreme Court, Kings County, of a motion pursuant to CPL Article 440.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SANTUCCI, J.P., DILLON, McCARTHY and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court