People v Phem, Henry
Motion No: 2006-11746
Slip Opinion No: 2010 NY Slip Op 65720(U)
Decided on March 16, 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

M99862

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2006-11746

The People, etc., respondent,

v Henry Phem, appellant.

(Ind. No. 6701/06)

DECISION & ORDER ON APPLICATION

Application by the appellant pro se to withdraw his motion for leave to file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered December 5, 2006, which was granted by decision and order on motion of this court, dated December 17, 2009.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, the decision and order on motion of this court dated December 17, 2009, is recalled and vacated, and the appellant's motion for leave to file a pro se brief is deemed withdrawn.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court