THE PEOPLE V RICKY L. WINTERS
Motion No: 390-11
Slip Opinion No: 2012 NY Slip Op 68641(U)
Decided on February 10, 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.


February 10, 2012

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, AND LINDLEY, JJ.

MOTION NO. 390-11
KA 10-00665 AND KA 11-01862
Indictment Nos: 2007-134 and
3747-90A

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RICKY L. WINTERS, DEFENDANT-APPELLANT.


Appellant having moved for reargument of the order of this Court entered March 25, 2011 and October 26, 2011, default judgment pursuant to CPL 440.10 and for other relief,

Now, upon reading and filing the statement of Ricky L. Winters dated November 27, 2011, December 21, 2011 and January 8, 2012, the affidavits of Ricky Lee Winters sworn to August 25, 2011, November 7, 2011, and November 18, 2011, the notice of motion with proof of service thereof, the affirmations of Diane M. Adsit, Esq. dated November 30, 2011 and December 16, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 10, 2012

Frances E. Cafarell, Clerk