| People of State of New York v Ruben Cruz |
| Motion No: 2013-01896 KCR |
| Slip Opinion No: 2017 NY Slip Op 64677(U) |
| Decided on February 10, 2017 |
| 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 2nd, 11th & 13th judicial Districts
MARTIN M. SOLOMON, J.P.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Ruben Cruz, Appellant. |
Motion by respondent for leave to reargue an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered May 7, 2013, which was determined by decision and order of this court dated June 6, 2016. In support of the motion, respondent claims that a four-page supporting deposition, which did not appear in full in the record on appeal, was is fact part of the Criminal Court's record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and the matter is remitted to the Criminal Court for the clerk thereof to determine whether the full supporting deposition in question was in fact part of the Criminal Court's record and, if so, to provide this court with a copy of the full supporting deposition and to certify to the correctness thereof, and, if not, to so certify.
ENTER:
Paul Kenny
Chief Clerk