People v MacFarlane, Elden
Motion No: 2008-03358
Slip Opinion No: 2011 NY Slip Op 70106(U)
Decided on April 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

M118685

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2008-03358

The People, etc., respondent,

v Elden MacFarlane, appellant.

(Ind. No. 2450-05)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the County Court, Suffolk County, rendered March 18, 2008, pending determination of his motion pursuant to CPL 440 by the County Court, Suffolk County. Separate motion by the appellant pro se for leave to file a supplemental reply brief.

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

ORDERED that the motions are denied.

ANGIOLILLO, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court