| People of State of New York v Ruben Cruz |
| Motion No: 2013-01896 KCR |
| Slip Opinion No: 2018 NY Slip Op 64372(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
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. By decision and order on motion of this court dated February 10, 2017, respondent's motion was held in abeyance and the matter was remitted to the Criminal Court for a specified determination to be made by the clerk thereof, who has now responded. Separate motion by appellant to dismiss respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the Criminal Court's response, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion and appellant's motion are denied.
WESTON and ELLIOT, JJ., concur.
SOLOMON, J.P., taking no part.
ENTER:
Paul Kenny
Chief Clerk