People v Key, Olsen
Motion No: 2003-05792
Slip Opinion No: 2010 NY Slip Op 61706(U)
Decided on January 21, 2010
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

M97533

S/sl

STEVEN W. FISHER, J.

2003-05792

The People, etc., respondent,

v Olsen Key, appellant.

(Ind. No. 1755/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 7, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court dated July 28, 2009, which

reversed a judgment of the County Court, Nassau County, rendered May 28, 2003.

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

ORDERED that the motion is denied.

STEVEN W. FISHER

Associate Justice