| THE PEOPLE V MAURICE JOHNSON |
| Motion No: KA 09-00900 |
| Slip Opinion No: 2009 NY Slip Op 87214(U) |
| Decided on October 22, 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 09-00900
Indictment No: 2007-0247
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MAURICE
JOHNSON, DEFENDANT-APPELLANT. |
Defendant having moved for an reargument of the order of this Court entered on August 25, 2009, or, in the alternative, for leave to appeal to the United States Court of Appeals for the Second Circuit,
Now, upon reading and filing the affidavit of Maurice Johnson sworn to September 7, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be and the same hereby is denied.
MEMORANDUM: To the extent that defendant moves for reargument, he has raised no issue of law or fact overlooked for misapprehended by this Court. To the extent that defendant moves for leave to appeal to the United States Court of Appeals for the Second Circuit, there is no legal basis allowing for such relief.
Entered: October 22, 2009
Patricia L. Morgan, Clerk