| People of State of New York v Joseph Barbieri |
| Motion No: 2010-02799 scr |
| Slip Opinion No: 2012 NY Slip Op 79155(U) |
| Decided on July 18, 2012 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
MELVYN TANENBAUM, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Joseph Barbieri, Appellant. |
Motion by appellant upon an appeal from judgments of conviction of the Justice Court of the Town of East Hampton, Suffolk County, rendered October 7, 2010, which appeal was determined by decision and order of this court dated December 27, 2011, to recall and vacate so much of this court's decision and order "as failed to delete from the conditions of probation the term of six years probation on the conviction of forcible touching and to substitute therefor a term of three years probation to be served concurrently with the three year term of probation imposed on the conviction for unlawful imprisonment in the second degree" or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the decision and order of this court dated December 27, 2011 (34 Misc 3d 138[A], 2011 NY Slip Op 52417[U]) is recalled and vacated and a new decision and order substituted therefor (see Appeal No. 2010-2799 S CR, decided simultaneously herewith); and it is further,
ORDERED that appellant's motion is denied as moot.
Tanenbaum, J.P., taking no part.
ENTER:
Paul Kenny
Chief Clerk