People v Smith, Anthony Wayne
Motion No: 2015-09902
Slip Opinion No: 2018 NY Slip Op 85603(U)
Decided on October 9, 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

M256041

SL/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-09902

The People, etc., respondent,

v Anthony Wayne Smith, appellant.

(Ind. No. 2249-14)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court, dated January 23, 2018, which granted the appellant's motion for leave to serve and file a pro se supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered September 8, 2015, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to serve and file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court