People v Walker, Carlton
Motion No: 2012-05760
Slip Opinion No: 2013 NY Slip Op 75071(U)
Decided on May 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M156919

S/sl

ROBERT J. MILLER, J.

2012-05760

The People, etc., plaintiff,

v Carlton Walker, defendant.

(Ind. No. 423/84)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to reargue his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated April 30, 2012, which was determined by me in a decision and order on application of this Court dated February 7, 2013.

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 on application of this Court dated February 7, 2013, is recalled and vacated and the following decision and order on application substituted therefor:

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated April 30, 2012, which has been referred to me for determination.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied.

ROBERT J. MILLER

Associate Justice