| People v Card, Javier |
| Motion No: 1995-08872 |
| Slip Opinion No: 2013 NY Slip Op 64234(U) |
| Decided on February 8, 2013 |
| Appellate Division, 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 Division: Second Judicial Department
M151067
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
SYLVIA HINDS-RADIX, JJ.
|
1995-08872 The People, etc., respondent, v Javier Card, appellant. (Ind. No. 5797/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance an appeal from a judgment of the Supreme Court, Kings County, rendered September 5, 1995, pending determination by the Supreme Court of his motion pursuant to CPL 440.10(1)(h). Cross motion by the respondent to strike Point II of the appellant's brief and the appellant's appendix.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court