| People v Williams |
| 2013 NY Slip Op 01766 [104 AD3d 1263] |
| March 15, 2013 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 24, 2013 |
| The People of the State of New York, Respondent, v Isiah
Williams, Appellant. (Appeal No. 3.) |
—[*1]Motion for reargument of the appeal is
granted to the extent that, upon reargument, the memorandum and order entered
December 28, 2012 (101 AD3d 1734 [2012]) is amended by deleting the third sentence
from the seventh paragraph of the memorandum and substituting the following
sentences: "Defendant subsequently proceeded pro se at sentencing at the first trial, i.e,
the trial at issue in appeal No. 2. Defendant likewise proceeded pro se at that part of the
Wade hearing concerning identification testimony relevant to the charges set
forth in counts six and 8 through 15 of the indictment at issue in appeal No. 3. Moreover,
defendant proceeded pro se throughout the second trial, i.e., the trial at issue in appeal
No. 3." The memorandum and order is further amended by adding the following sentence
at the end of the seventh paragraph of the memorandum: "Likewise, we note that the new
trial granted with respect to appeal No. 3 should also be preceded by a new suppression
hearing with respect to the witnesses who identified defendant at trial in connection with
the charges set forth in counts 8 through 15 of the indictment." Present—Scudder,
P.J., Fahey, Carni, Lindley and Sconiers, JJ.