| People v Dagnone, Salvatore |
| Motion No: 2021-05974 |
| Slip Opinion No: 2021 NY Slip Op 72360(U) |
| Decided on September 29, 2021 |
| 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 DepartmentM279376
E/mb
JOSEPH A. ZAYAS, J.
|
2021-05974
The People, etc., plaintiff, v Salvatore Dagnone, defendant. (Ind. No. 4735/1989)
| DECISION & ORDER ON APPLICATION |
On the Court's own motion, it is
ORDERED that the decision and order on application of this Court dated September 24, 2021, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from so much of an order of the Supreme Court, Kings County, dated July 13, 2021, as denied, without a hearing, the branch of his motion which was pursuant to CPL 440.10 to vacate his judgment of conviction, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
JOSEPH A. ZAYAS
Associate Justice