THE PEOPLE V STEPHEN SIMON, ALSO KNOWN AS "LUCK," -.
Motion No: KA 08-01505, KA 09-00922
Slip Opinion No: 2010 NY Slip Op 64643(U)
Decided on February 23, 2010
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.


February 23, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND GORSKI, J.J.

DOCKET NO. KA 08-01505, KA 09-00922

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STEPHEN SIMON, ALSO KNOWN AS "LUCK," DEFENDANT-APPELLANT.


Appellant having moved to consolidate the appeals taken from a judgment of the Erie County Court, rendered June 11, 2008, and an order of the Erie County Court entered March 26, 2009,

Now, upon reading and filing the affirmation of Kevin J. Bauer, dated January 11, 2010, the notice of motion with proof of service thereof, the letter of Michael J. Hillery, dated January 21, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: February 23, 2010

Patricia L. Morgan, Clerk