| THE PEOPLE V SAMUEL T. TOLIVER |
| Motion No: KA 09-01374 |
| Slip Opinion No: 2010 NY Slip Op 90232(U) |
| Decided on December 8, 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. |
PRESENT: MARTOCHE, J.P., SMITH, FAHEY, CARNI AND SCONIERS, JJ.
KA 09-01374
Indictment No: 2007-1196
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SAMUEL T.
TOLIVER, DEFENDANT-APPELLANT. |
Appellant having moved for an order staying the execution of the judgment of the Erie County Court, rendered June 25, 2009, and fixing bail, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Samuel P. Toliver, sworn to November 12, 2010, the notice of motion with proof of service thereof, the affidavit of Michelle L. Cianciosa, Esq. sworn to November 29, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 8, 2010
Patricia L. Morgan, Clerk