THE PEOPLE V JONATHAN BENTON AND TIMOTHY JONES
Motion No: NOS. KA 10-00605 AND KA 10-00332
Slip Opinion No: 2010 NY Slip Op 69801(U)
Decided on April 13, 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.


April 13, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NOS. KA 10-00605 AND KA 10-00332
Indictment No: 02002-2008

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,

V

JONATHAN BENTON AND TIMOTHY JONES, DEFENDANTS-RESPONDENTS.


Appellant having moved for a stay of all proceedings pending the hearing and determination of the appeal taken from a decision and order of the Supreme Court, Erie County entered November 4, 2009,

Now, upon reading and filing the affidavit of Donna A. Milling, Esq., sworn to March 31, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 13, 2010

Patricia L. Morgan, Clerk