People v Christopher Montanez

Motion No: M-5137

Slip Opinion No: 2017 NYSlipOp 91927(U)

Decided on November 14, 2017

Appellate Division, First 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 14, 2017

The People of the State of New York,

Respondent,

v

Christopher Montanez,

Defendant-Appellant.

An order of this Court entered on September 12, 2017(M-3503) having denied defendant-appellant's motion for leave to appeal to

the Court of Appeals from the decision and order of this Court, entered on February 17, 2017 (Appeal Nos. 3003-3005), And counsel for defendant-appellant having moved to vacate the aforesaid order of this Court entered September 12, 2017 and to withdraw appellant's motion for leave to appeal to the Court of Appeals (M-3503), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and said motion is deemed withdrawn (M-3503). ENTERED: November 14, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Ellen Gesmer Peter H. Moulton, Justices

M-5137

Ind. No. 2090/10