People v Thomas, Donnell

Motion No: 2007-08977

Slip Opinion No: 2010 NY Slip Op 80194(U)

Decided on August 19, 2010

Appellate Division, Second Department, Motion Decision

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

M107328

J/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2007-08977 The People, etc., respondent, v Donnell Thomas, appellant. (Ind. No. 2315-06)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the County Court, Suffolk County, rendered September 18, 2007, which was determined by decision and order of this Court dated December 22, 2009.

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

ORDERED that the motion is granted to the extent that the decision and order of this Court dated December 22, 2009, in the above-entitled matter (see People v Donnell Thomas, 68 AD3d 1141), is amended by deleting from the last paragraph thereof the phrase, "The defendant's remaining contentions," and substituting therefor the phrase "The remaining contentions;" and the motion is otherwise denied.

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court