| People v Moss, Willie |
| Motion No: 2008-07313 |
| Slip Opinion No: 2009 NYSlipOp 69456(U) |
| Decided on April 10, 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. |
Appellate Division: Second Judicial Department
M85037
S/cb
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOHN M. LEVENTHAL, JJ.
|
2008-07313 The People, etc., respondent, v Willie Moss, appellant. (Ind. No. 1667-07)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 26, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered July 21, 2008, in effect, to amend a decision and order on motion of this court dated February 26, 2009, which granted a stay of execution of the judgment pursuant to CPL 460.50 on condition that the appeal was perfected by March 27, 2009, by extending his time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
We note that the appeal was perfected on March 27, 2009, and the stay of execution of the judgment remains in effect.
MASTRO, J.P., RIVERA, SPOLZINO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court