People v Gathers, Antwan
Motion No: 2007-02409
Slip Opinion No: 2009 NYSlipOp 70187(U)
Decided on April 21, 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

M85473

F/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-02409

D

The People, etc., respondent,

v Antwan Gathers, appellant.

(Ind. No. 2365/04)

ECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated May 30, 2008, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered February 27, 2007, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

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

ENTER:

James Edward Pelzer

Clerk of the Court