| People of State of New York v Wayne Breighner |
| Motion No: 2022-00370 SCR |
| Slip Opinion No: 2022 NY Slip Op 76463(U) |
| Decided on December 20, 2022 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P. J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, J.J.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Wayne Breighner, Appellant. |
Motion by appellant for leave to reargue so much of decision and order of this court dated October 4, 2022 as, on the court's own motion, dismissed as untimely the appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered March 2, 2022. Separate motion by respondent for permission to file late opposition to appellant's prior motion, seeking to compel the court to file a return pursuant to CPL§ 460.10, which was denied as academic in this court's October 4, 2022 decision and order.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for disposition; and it is further,
ORDERED that the motions are denied.
The appeal from a judgment of conviction was properly dismissed as untimely by decision and order of this court dated October 4, 2022.
ENTER:
Paul Kenny
Chief Clerk