| THE PEOPLE V FRANK GARCIA |
| Motion No: KA 10-00287 AND KA 10-00517 |
| Slip Opinion No: 2012 NY Slip Op 62955(U) |
| Decided on January 27, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 10-00287 AND KA 10-00517
Indictment Nos: 2009-0150 and
09-01-023
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANK
GARCIA, DEFENDANT-APPELLANT. |
Appellant having moved to hold in abeyance the appeal taken from the judgment of Supreme Court, Ontario County rendered September 1, 2009, and for other relief,
Now, upon reading and filing the affidavit of Frank Garcia sworn to December 20, 2011, the notice of motion with proof of service thereof, the statement of Leslie E. Swift, Esq. dated January 4, 2012, the statement of R. Michael Tantillo, Esq. dated January 13, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: January 27, 2012
Frances E. Cafarell, Clerk