| THE PEOPLE V DESMOND WASHINGTON (APPEAL NO. 2.) |
| Motion No: KA 15-01409 |
| Slip Opinion No: 2018 NY Slip Op 62063(U) |
| Decided on January 16, 2018 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 15-01409
Indictment No. 14-042
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DESMOND
WASHINGTON, DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Respondent having moved to enlarge the record on the appeal taken from a judgment of Herkimer County Court, rendered May 6, 2015,
Now, upon reading and filing the affidavit of Robert P. McGraw, Esq. sworn to December 5, 2017 and the affirmation of Robert P. McGraw, Esq. filed December 12, 2017, the notice of motion with proof of service thereof, and the affirmation of Peter J. DiGiorgio, Jr., Esq., dated December 8, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda, 239 AD2d 966 [ 4th Dept. 1997]).
Entered: January 16, 2018
Mark W. Bennett, Clerk