PEOPLE V ALAN W. DALE
Motion No: KA 08-00377
Slip Opinion No: 2009 NY Slip Op 81570(U)
Decided on August 25, 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.


August 25, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-00377
Indictment No: 2007-116

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ALAN W. DALE, DEFENDANT-APPELLANT.


Appellant having moved to consolidate the appeal taken from a judgment of the Livingston County Court, rendered January 22, 2008 (KA 08-00377), with an application pursuant to CPL 440.10, dated November 12, 2008, in Livingston County Court,

Now, upon reading and filing the affidavit of Alan Dale, sworn to May 29, 2009, the letter of Alan Dale, dated June 24, 2009, the notice of motion with proof of service thereof, the letter of Eric Schiener, dated June 23, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: August 25, 2009

Patricia L. Morgan, Clerk