People v Wallace, Dwayne
Motion No: 2007-10515
Slip Opinion No: 2009 NYSlipOp 67515(U)
Decided on March 25, 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

M84146

F/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-10515 DE

The People, etc., respondent,

v Dwayne Wallace, appellant.

(Ind. No. 99-00124)

CISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated July 15, 2008, which granted his application for leave to serve and file a supplemental brief on his appeal from a resentence of the County Court, Orange County, rendered November 1, 2007, and to deem the application withdrawn.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, the decision and order on motion dated July 15, 2008, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court