| THE PEOPLE V DAYVON UNDERDUE |
| Motion No: KA 10-01873 |
| Slip Opinion No: 2013 NY Slip Op 73862(U) |
| Decided on May 14, 2013 |
| 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. |
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
KA 10-01873
Indictment No: 2009-0679-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DAYVON UNDERDUE, DEFENDANT-APPELLANT. |
Appellant having moved to hold in abeyance the appeal taken from the judgment of Onondaga County Court, rendered January 25, 2010,
Now, upon reading and filing the affidavit of Dayvon Underdue sworn to April 3, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before June 13, 2013, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before June 28, 2013.
Entered: May 14, 2013
Frances E. Cafarell, Clerk