| People of State of New York v Jose L. Barragan |
| Motion No: 2013-02607 PCR |
| Slip Opinion No: 2014 NY Slip Op 70616(U) |
| Decided on April 21, 2014 |
| 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
FRANCIS A. NICOLAI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Jose L. Barragan, Appellant. |
Motion by appellant to vacate the dismissal on an appeal from a judgment of conviction of the Justice Court of the Town of Southeast , Putnam County, rendered June 27, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew upon the filing of an affidavit by appellant setting forth both a reasonable excuse for his default and a potentially meritorious appeal (see CPLR 5015 [a][1]; Sussman v Jo-Sta Realty Corp., 99AD3d 787).
ENTER:
Paul Kenny
Chief Clerk