Appellate Division: Second Judicial Department

M203025

S/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2011-00525 The People, etc., respondent, v Saleh Al-Muwallad, appellant. (Ind. No. 3776/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered July 8, 2010, for leave to withdraw Point II of his brief. The appeal was argued before this Court on September 29, 2014. By decision and order of this Court dated October 29, 2014, the matter was remitted to the Supreme Court, Kings County, to afford the defendant an opportunity to move to vacate his plea, and for a report thereafter on any such motion by the defendant, and the appeal was held in abeyance in the interim.

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

ORDERED that the appellant shall notify the Supreme Court, Kings County, that he no longer seeks an opportunity to move to vacate his plea on the ground asserted in Point II of his appellate brief, and upon being so notified, the Supreme Court, Kings County, shall issue a report informing this Court of the defendant's position in accordance with the decision and order of this Court dated October 29, 2014; and it is further,

ORDERED that the motion is held in abeyance in the interim.

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court