| THE PEOPLE V KENLEY PECK |
| Motion No: KA 08-00330 |
| Slip Opinion No: 2011 NY Slip Op 67048(U) |
| Decided on March 11, 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 CARNI, JJ.
KA 08-00330
SCI No: I-2007-0067-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENLEY
PECK, DEFENDANT-APPELLANT. |
Appellant having moved for the summary reversal of the judgment of the Onondaga County Court, rendered January 8, 2008,
Now, upon reading and filing the affirmation of Philip Rothschild, Esq. dated February 15, 2011, the notice of motion with proof of service thereof, the affirmation of Susan C. Azzarelli, Esq. dated February 24, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to the parties addressing the issue in their briefs.
Memorandum: Upon the perfection of the appeal, defendant may serve a five day written demand for the exhibits or a subpoena duces tecum for the exhibits issued in accordance with the CPLR article 23, with proof of service thereof (see 22 NYCRR 1000.4[g][3]).
Entered: March 11, 2011
Patricia L. Morgan, Clerk