THE PEOPLE V ERVIN J. SMALLS, JR. THE PEOPLE, V ERVIN SMALLS, JR.
Motion No: KA 08-01315
Slip Opinion No: 2012 NY Slip Op 68077(U)
Decided on March 19, 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.


March 19, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 08-01315
Indictment No: 2007-0723
KA 08-01498
Indictment No: 2008-0158

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ERVIN J. SMALLS, JR., DEFENDANT-APPELLANT.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT

V

ERVIN SMALLS, JR., DEFENDANT-APPELLANT.


Appellant having moved to consolidate the appeals taken from the judgments of Supreme Court, Monroe County rendered April 22, 2008 and May 21, 2008,

Now, upon reading and filing the affirmation of Mark C. Davison, Esq. dated March 6, 2012, the notice of motion with proof of service thereof, the statement of Leslie E. Swift, Esq. dated March 13, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the judgments rendered April 22, 2008 and May 21, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: March 19, 2012

Frances E. Cafarell, Clerk