| PEOPLE V DAVID WITHERSPOON |
| Motion No: KA 06-03421 & KA 06-03422 |
| Slip Opinion No: 2008 NYSlipOp 91604(U) |
| Decided on December 2, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 06-03421 & KA 06-03422
Indictment Nos: 2004-254 & 2005-076
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID
WITHERSPOON, DEFENDANT-APPELLANT. |
Appellant having moved to consolidate the appeals taken from the judgments of Livingston County Court, rendered July 11, 2006, and for other relief,
Now, upon reading and filing the affidavit of Joseph T. Jarzembek, sworn to October 20, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same is granted, and the appeals from the judgments rendered July 11, 2006 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the ordering paragraph of the order of this Court entered September 2, 2008 is hereby amended by striking therefrom the date October 31, 2008 and inserting in place thereof the date March 2, 2009.
Entered: December 2, 2008
JoAnn M. Wahl, Clerk