| People v Payton, Wendell |
| Motion No: 2008-09584 |
| Slip Opinion No: 2010 NY Slip Op 64515(U) |
| Decided on March 1, 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. |
Appellate Division: Second Judicial Department
M97932
S/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2008-09584 The People, etc., respondent, v Wendell Payton, appellant. (Ind. No. 1135-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered October 6, 2008, to include the following material regarding a criminal action entitled People v Robert Macedonio, pending in the County Court, Suffolk County, under SCI No. 3240-08: (1) search warrant application and return affidavit, (2) plea agreement, (3) cooperation agreement, (4) felony complaints and Superior Court Information, and (5) the plea and sentencing minutes, and to unseal that material if necessary.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied without prejudice to seeking relief pursuant to CPL 440.
RIVERA, J.P., MILLER, DICKERSON and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court