People v Smith, Clarence
Motion No: 2008-09843
Slip Opinion No: 2009 NYSlipOp 61824(U)
Decided on January 23, 2009
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

M81497

F/

WILLIAM E. McCARTHY, J.

2008-09843

The People, etc., plaintiff,

v Clarence Smith, defendant.

(Ind. No. 4664/93)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 1, 2008, which has been referred to me for determination.

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

ORDERED that the application is denied.

WILLIAM E. McCARTHY

Associate Justice