People v Spells, Charles
Motion No: 2005-05973
Slip Opinion No: 2009 NY Slip Op 73936(U)
Decided on June 2, 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

M87226

F/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2005-05973

The People, etc., respondent,

v Charles Spells, appellant.

(Ind. No. 2857/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated February 5, 2009, 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, Kings County, rendered June 1, 2005, is recalled and vacated; and it is further,

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

The appellant has failed to file a supplemental 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