People v Whitfield, John
Motion No: 2008-10543
Slip Opinion No: 2009 NYSlipOp 62734(U)
Decided on February 3, 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

M82033

S/nl

WILLIAM E. McCARTHY, J.

2008-10543

The People, etc., plaintiff,

v John Whitfield, defendant.

(Ind. No. 2132/89)

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, Kings County, dated October 20, 2008, which has been referred to me for determination. Separate application by the defendant to hold the application for leave to appeal in abeyance pending determination by the Supreme Court, Kings County, of his motion to reargue the motion which resulted in the order dated October 20, 2008.

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

ORDERED that the applications are denied.

WILLIAM E. McCARTHY

Associate Justice