THE PEOPLE V BRIAN D. GURNSEY Index No: 41587
Motion No: KA 16-01979
Slip Opinion No: 2016 NY Slip Op 92912(U)
Decided on November 29, 2016
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.


November 29, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

KA 16-01979

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRIAN D. GURNSEY, DEFENDANT-APPELLANT.

Index No: 41587


Defendant having moved for leave to appeal from an order of the Steuben County Court, dated June 16, 2015 and entered June 23, 2015,

Now, upon reading and filing the affidavit of Brian D. Gurnsey sworn to October 3, 2016, the affidavit of David R. Morabito, Esq. sworn to October 17, 2016, the notice of motion with proof of service thereof, the affidavit of John C. Tunney, Esq. sworn to November 1, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: November 29, 2016

Frances E. Cafarell, Clerk