People v Serrano, Carlos
Motion No: 2013-10564
Slip Opinion No: 2018 NY Slip Op 75348(U)
Decided on June 18, 2018
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M251421

E/afa

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2013-10564

The People, etc., respondent,

v Carlos Serrano, appellant.

(Ind. No. 8459/12)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 2013, which was determined by a decision and order of this Court dated January 31, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that, upon reargument, the decision and order of this Court dated January 31, 2018 (157 AD3d 971), is amended by deleting therefrom the last sentence of the sixth paragraph, which states "That police officer testified that, after witnesses pointed to the perpetrator, he briefly lost sight' of that person before apprehending the defendant," and the motion is otherwise denied.

RIVERA, J.P., COHEN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court