| THE PEOPLE V CRAIG MCCULLEN |
| Motion No: KA 07-01775 |
| Slip Opinion No: 2009 NY Slip Op 77432(U) |
| Decided on May 12, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: HURLBUTT, J.P., CENTRA, PERADOTTO, CARNI, AND GORSKI, JJ.
KA 07-01775
Indictment No: 1360-2006
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CRAIG
MCCULLEN, DEFENDANT-APPELLANT. |
Appellant having moved to amend the brief for appeal taken from the judgment of Erie County Court, rendered August 21, 2007,
Now, upon reading and filing the affidavit of Karen Russo-McLaughlin, sworn April 8, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted to the extent that this Court will consider the argument that the court erred in imposing a DNA databank fee pursuant to Penal Law §60.35 (former [i][e]) (People v Horton, 60 AD3d 1387 [2009]), and
It is further ORDERED that respondent shall file a response to that argument, if any, on or before May 27, 2009.
Entered: May 12, 2009
PATRICIA L. MORGAN, Clerk