People of State of New York v John Salerno
Motion No: 2010-01430 ncr
Slip Opinion No: 2012 NY Slip Op 83437(U)
Decided on August 29, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

DENISE F. MOLIA, J.P.

FRANCIS A. NICOLAI

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-1430 N CR
The People of the State of New York, Respondent, v
John Salerno, Appellant.

Motion by appellant for leave to reargue an appeal from a judgment of conviction of the District Court of Nassau County, First District, entered June 2, 2010, which was determined by decision and order of this court dated March 8, 2012 (34 Misc 3d 159[A], 2012 NY Slip Op 50441[U]).

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

ORDERED that the motion is granted, and upon reargument, the decision and order of this court dated March 8, 2012 are recalled and vacated, and a new decision and order substituted therefor (see Appeal No. 2010-1430 N CR, decided simultaneously herewith).

ENTER:

Paul Kenny

Chief Clerk