People v Grates
2009 NY Slip Op 07292 [66 AD3d 1519]
October 9, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Appellant,
v
Gregg Grates, Respondent. (Appeal No. 2.)

—[*1] Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for appellant.

Leslie R. Lewis, New Hartford, for defendant-respondent.

Appeal from an order of the Oneida County Court (Charles C. Merrell, A.J.), entered October 27, 2008. The order denied the motion of the People for leave to reargue.

It is hereby ordered that said appeal is unanimously dismissed (see People v Auslander, 169 AD2d 853, 854 [1991]). Present—Scudder, P.J., Martoche, Peradotto, Carni and Gorski, JJ.