| People v Montalvo, Miguel |
| Motion No: 2010-06038 |
| Slip Opinion No: 2011 NY Slip Op 73815(U) |
| Decided on May 25, 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. |
Appellate Division: Second Judicial Department
M120458
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2010-06038
The People, etc., respondent, v Miguel Montalvo, appellant. (Ind. No. 02-01225)
| DECISION & ORDER ON MOTION |
Motion by the respondent to hold in abeyance an appeal from an order of the County Court, Westchester County, dated April 30, 2010, issued pursuant to CPL 440.46, pending determination of a certain appeal by the Court of Appeals. Separate motion by the appellant to vacate the order dated April 30, 2010, and remit the matter to the County Court, Westchester County, for resentencing.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are denied.
PRUDENTI, P.J., MASTRO, RIVERA and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court