| People v James Smith |
| Motion No: 2011-01486 WC 07-05-2011 |
| Slip Opinion No: 2011 NY Slip Op 77640(U) |
| Decided on June 29, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v James Smith, Appellant. |
Application by appellant on an appeal from an order of the County Court of Westchester County, entered April 7, 2011, to withdraw the appeal and a prior motion for leave to prosecute the appeal as a poor person, which motion was granted by decision and order of this court dated June 24, 2011.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the decision and order of this court dated June 24, 2011 is recalled and vacated; and it is further,
ORDERED that appellant's application is granted, and the appeal and the motion for leave to prosecute the appeal as a poor person are withdrawn.
ENTER:
Paul Kenny
Chief Clerk