| People of State of New York v Alejandro Anderson |
| Motion No: 2015-00789 KCR |
| Slip Opinion No: 2018 NY Slip Op 63852(U) |
| Decided on February 6, 2018 |
| 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
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Alejandro Anderson, Appellant. |
Motion by appellant for leave to reargue an appeal from so much of a sentence of the Criminal Court of the City of New York, Kings County, imposed February 6, 2015, upon his conviction of driving while intoxicated (per se), upon his plea of guilty, as imposed a fine of $500, which was determined by decision and order of this court dated September 29, 2017 (57 Misc 3d 138[A], 2017 NY Slip Op 51313[U]), which reversed the sentence and remitted the matter to the Criminal Court for resentencing, and, upon reargument, to affirm the sentence, insofar as appealed from, or, in the alternative, for leave to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that leave to reargue is granted; upon reargument, the decision and order of this court dated September 29, 2017 (57 Misc 3d 138[A], 2017 NY Slip Op 51313[U]) is recalled and vacated; and the appeal is marked withdrawn.
PESCE, P.J., WESTON and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk