| People v Mahon, Antonio |
| Motion No: 2017-08286 |
| Slip Opinion No: 2020 NY Slip Op 69801(U) |
| Decided on August 10, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M268481
E/sl
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2017-08286, 2018-15064 The People, etc., respondent, v Antonio Mahon, appellant. (Ind. No. 9955/2014)
| DECISION & ORDER ON MOTION |
Appeals from a judgment of the Supreme Court, Kings County, rendered April 24, 2017, and a purported resentence of the same court imposed February 20, 2018. Motion by the appellant pursuant to CPL 460.10(6) to deem the notice from the judgment to also be a premature notice of appeal from a resentence of the same court imposed June 15, 2017, and, in effect, to withdraw the appeal from the purported resentence imposed February 20, 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, and the appeal from the judgment will continue to be prosecuted under Appellate Division Docket No. 2017-08286 and the appeal from the resentence imposed June 15, 2017, will be prosecuted under Appellate Division Docket No. 2018-15064.
LEVENTHAL, J.P., MILLER, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court