People v Salton, Wayne
Motion No: 2006-09947
Slip Opinion No: 2009 NY Slip Op 82648(U)
Decided on September 9, 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

M91708

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-09947

The People, etc., respondent,

v Wayne Salton, appellant.

(Ind. No.5631/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated December 12, 2008, 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 October 10, 2006, 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