| People v Guitierres, Oscar and Abriz, Brandon |
| Motion No: 2009-11721 |
| Slip Opinion No: 2011 NY Slip Op 78202(U) |
| Decided on July 13, 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
M122720
J/sl
L. PRISCILLA HALL, J.
|
2009-11721
The People, etc., appellant, v Oscar Guitierres and Brandon Abriz, respondents. (Ind. No. 2229/09)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 24, 2011, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by Brandon Abriz, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this Court dated March 22, 2011, which reversed an order of the Supreme Court, Kings County, dated November 20, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied in light of the fact that Brandon Abriz was retried and acquitted in the above-entitled action.
L. PRISCILLA HALL
Associate Justice