MOTION NO. 1207/08 THE PEOPLE V KEMAR TURNER Indictment No: 2003/0261
Motion No: KA 08-00449
Slip Opinion No: 2009 NYSlipOp 63461(U)
Decided on February 6, 2009
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.


February 6, 2009

PRESENT: HURLBUTT, J.P., CENTRA, PERADOTTO, GREEN, AND GORSKI, JJ.

KA 08-00449

MOTION NO. 1207/08

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KEMAR TURNER, DEFENDANT-APPELLANT.

Indictment No: 2003/0261


Appellant having moved for reargument and for leave to appeal to the Court of Appeals of the order of this Court entered October 3, 2008,

Now, upon reading and filing the affidavits of Kemar Turner, sworn to November 10, 2008, the affidavit of Maurice J. Verrillo, sworn to December 29, 2008, the notice of motion and the amended notice of motion with proof of service thereof, the affirmation of Leslie E. Swift, dated January 5, 2009, the letter of Leslie E. Swift, dated December 2, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: February 6, 2009

JoAnn M. Wahl, Clerk