People v Randolph, Edward
Motion No: 2014-05564
Slip Opinion No: 2019 NY Slip Op 67857(U)
Decided on April 12, 2019
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

M261897

E/mm

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ANGELA G. IANNACCI, JJ.

2014-05564

The People, etc., respondent,

v Edward Randolph, appellant.

(Ind. No. 328/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to hold in abeyance an appeal from a judgment of the Supreme Court, Richmond County, rendered May 23, 2014, pending determination of his motion pursuant to CPL 440 by the Supreme Court, Richmond County, and for leave to serve and file a supplemental brief after the motion pursuant to CPL 440 is determined.

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

ORDERED that the branch of the motion which is to hold the appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief after the motion pursuant to CPL 440 is determined is denied without prejudice to making a motion for leave to serve and file a supplemental brief on or before May 28, 2019.

CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court