People v Garcia, Juan, also known as Garcia, Jesus
Motion No: 2010-02684
Slip Opinion No: 2017 NY Slip Op 61131(U)
Decided on January 13, 2017
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

M224547

E/sl

WILLIAM F. MASTRO, J.

2010-02684

The People, etc., respondent, v Juan Garcia,

also known as Jesus Garcia, appellant.

(Ind. No. 1005/07)

DECISION & ORDER ON MOTION

Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this Court, dated April 3, 2012, which affirmed a sentence of the Supreme Court, Queens County, imposed October 19, 2009.

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

ORDERED that the motion is dismissed, as, by order dated July 5, 2012, the Court of Appeals denied the appellant's prior application for leave to appeal to the Court of Appeals (see People v Lopez, 19 NY3d 973), and only one application for leave to appeal to the Court of Appeals may be made (see CPL 460.20; People v Spence, 82 NY2d 671).

WILLIAM F. MASTRO

Associate Justice