People v McCray, Cerious
Motion No: 2013-08849
Slip Opinion No: 2016 NY Slip Op 89055(U)
Decided on October 20, 2016
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

M219989

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2013-08849

The People, etc., respondent,

v Cerious McCray, appellant.

(Ind. No. 136/10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court, dated January 16, 2015, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a resentence of the County Court, Dutchess County, imposed July 25, 2013, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court