People v Smalls, Benjamin
Motion No: 2009-09614
Slip Opinion No: 2011 NY Slip Op 66834(U)
Decided on March 14, 2011
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

M116824

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2009-09614

The People, etc., respondent,

v Benjamin Smalls, appellant.

(Ind. No. 98-1448)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file exhibits to his supplemental brief on an appeal from a resentence of the County Court, Westchester County, imposed August 18, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary with respect to exhibits A, B, D, and E on the ground that those exhibits are already part of the record; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court