People v Jones, Jerry
Motion No: 2007-04980
Slip Opinion No: 2009 NY Slip Op 91427(U)
Decided on December 15, 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

M95898

S/sl

A. GAIL PRUDENTI, P.J.

PETER B. SKELOS

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2007-04980

The People, etc., respondent,

v Jerry Jones, appellant.

(Index No. 05-00002)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a sentence of the County Court, Westchester County, imposed March 6, 2007, which was determined by decision and order of this Court dated June 30, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the decision and order of this Court dated June 30, 2009, is amended by adding thereto the following paragraph:

"The defendant's remaining contention is without merit.",

and the motion is otherwise denied.

PRUDENTI, P.J., SKELOS, FLORIO and DICKERSON, JJ., concur.

[Recalled and vacated by unreported motion dated Dec. 30, 2009, see 2009 NY Slip Op 92733(U).]

ENTER:

James Edward Pelzer

Clerk of the Court