SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 9, 2009
THE PEOPLE OF THE STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
Appeal from an order of the Oneida County Court (Charles C. Merrell, A.J.), entered October 27, 2008.
PRESENT: SCUDDER, P.J., MARTOCHE, PERADOTTO, CARNI, AND GORSKI, JJ.
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).
Patricia L. Morgan Clerk of the Court
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