| THE PEOPLE V DAVID C. PETTIGREW, SR. |
| Motion No: KA 08-00245 |
| Slip Opinion No: 2011 NY Slip Op 66486(U) |
| Decided on March 8, 2011 |
| 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: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 08-00245
Indictment No: 2007-320
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID C.
PETTIGREW, SR., DEFENDANT-APPELLANT. |
Defendant having moved to defer the mandatory surcharge imposed by Niagara County Court, as part of the judgment rendered December 19, 2007,
Now, upon reading and filing the affidavit of David C. Pettigrew, Sr., sworn to January 6, 2011, 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.
Memorandum: An application to defer the mandatory surcharge should be made to the court that imposed it (see CPL 420.40).
Entered: March 8, 2011
Patricia L. Morgan, Clerk