| People v Jones, Jerry |
| Motion No: 2007-04980 |
| Slip Opinion No: 2009 NY Slip Op 92733(U) |
| Decided on December 30, 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. |
Appellate Division: Second Judicial Department
M96771
E/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 |
On the Court's own motion, it is
ORDERED that its decision and order on motion dated December 15, 2009 (2009 NY Slip Op 91427[U]), in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 (63 AD3d 1179).
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 deleting from the preamble thereof the words "on the ground that the sentence was excessive", and substituting therefor the words "on the grounds that the sentence was excessive and illegal", and the motion is otherwise denied.
PRUDENTI, P.J., SKELOS, FLORIO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court