People v Manjarrez, Johnny
Motion No: 2018-03951
Slip Opinion No: 2021 NY Slip Op 75650(U)
Decided on December 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M280451

E/sl

ROBERT J. MILLER, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2018-03951

The People, etc., respondent,

v Johnny Manjarrez, appellant.

(Ind. No. 2016-00722)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 2017, which was deemed withdrawn by decision and order on application dated January 13, 2021. Motion by the appellant, in effect, to recall and vacate so much of the decision and order on application dated January 13, 2021, as deemed the appeal withdrawn and to reinstate the appeal.

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

ORDERED that the motion is granted, so much of the decision and order on application dated January 13, 2021, as deemed the appeal withdrawn is recalled and vacated, and the appeal is reinstated.

MILLER, J.P., BARROS, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court