People of State of New York v David Shaun Neal
Motion No: 2008-00526 ORCR
Slip Opinion No: 2009 NY Slip Op 76883(U)
Decided on June 29, 2009
Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : RUDOLPH, P.J., TANENBAUM and NICOLAI, JJ.


NO. 2008-526 OR CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

DAVID SHAUN NEAL,

Appellant.

DECISION

On this court's own motion, the decision and order of this court entered on

June 2, 2009 is recalled and vacated and a new decision and order substituted therefor, reflecting that Associate Justice Scheinkman takes no part (see Appeal No. 2008-526 OR CR, decided simultaneously herewith.)