People v Patterson, Joseph
Motion No: 2008-10816
Slip Opinion No: 2010 NY Slip Op 67337(U)
Decided on April 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100753

S/sl

JOSEPH COVELLO, J.P. ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-10816

The People, etc., respondent,

v Joseph Patterson, appellant.

(Ind. No. 143/06)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 15, 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 on an appeal from a judgment of the County Court, Dutchess County, rendered November 5, 2008, for the court to take judicial notice of 2 CJI NY Criminal Jury Instruction on Police Officer Testimony which appears on the New York State Court Unified Court System website, appended as Exhibit B to the instant motion papers, and to enlarge the time to serve and file a reply brief.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the reply brief submitted to the Clerk of this court is accepted for filing.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court