| THE PEOPLE V ALDO DIAZ |
| Motion No: KA 07-01253 |
| Slip Opinion No: 2009 NYSlipOp 64631(U) |
| Decided on February 25, 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. |
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND GORSKI, JJ.
KA 07-01253
Indictment No: I07-088
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ALDO DIAZ,
DEFENDANT-APPELLANT. |
Appellant having moved for permission to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Oneida County Court, rendered May 16, 2007,
Now upon reading and filing the affidavits of Aldo Diaz, sworn to January 22, 2009 and November 6, 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 hereby is, dismissed as unnecessary (22 NYCRR 1000.3[f]), and
It is further ORDERED that the appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before March 27, 2009, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before April 16, 2009.
Entered: February 25, 2009
JoAnn M. Wahl, Clerk