| THE PEOPLE V DANIEL PRUCHNICKI, JR. |
| Motion No: KA 09-00833 |
| Slip Opinion No: 2009 NY Slip Op 77450(U) |
| Decided on May 21, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH AND CENTRA, JJ.
KA 09-00833
Indictment No: 2007-1895S
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANIEL
PRUCHNICKI, JR., DEFENDANT-APPELLANT. |
Appellant having moved, pursuant to CPL 460.50 to stay the execution of the judgment of the Supreme Court, Erie County, rendered on April 9, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of James M. Shaw, sworn April 15, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Raymond C. Herman, sworn on May 5, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed.
Memorandum: Not more than one application may be made pursuant to CPL 460.50 (CPL 460.50[3]).
DATED: May 21, 2009
PATRICIA L. MORGAN, CLERK