People v Zappulla, Guy
Motion No: 2008-07049
Slip Opinion No: 2012 NY Slip Op 60569(U)
Decided on January 9, 2012
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

M130957

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2008-07049

The People, etc., respondent,

v Guy Zappulla, appellant.

(Ind. No. 2948/98)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to hold in abeyance an appeal from a resentence of the Supreme Court, Kings County, rendered July 21, 2008, pending determination by the Supreme Court, Kings County, of the appellant's motion pursuant to CPL 440 or determination of his application for leave to appeal to this Court if his motion is denied.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., ROMAN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court