| People v Flores, Cesar |
| Motion No: 2008-11463 |
| Slip Opinion No: 2011 NY Slip Op 76579(U) |
| Decided on June 23, 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
M121918
E/sl
WILLIAM F. MASTRO, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2008-11463 The People, etc., respondent, v Cesar Flores, appellant. (Ind. No. 1555/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the photo array exhibit filed by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered November 24, 2008, on the ground that the exhibit is not properly part of the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report on the issue of whether the photo array entered into evidence at the suppression hearing conducted in the above-entitled case on September 25, 2007, was black and white or in color, and the motion is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.
MASTRO, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court