People v Vasquez, Daniel

Motion No: 2008-00970

Slip Opinion No: 2012 NY Slip Op 61253(U)

Decided on January 13, 2012

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

M131601

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2008-00970 The People, etc., respondent, v Daniel Vasquez, appellant. (Ind. No. 1825/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered January 23, 2008, which was determined by decision and order of this Court dated September 13, 2011.

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 September 13, 2011, is amended by adding to the end of the eighth paragraph thereof the following sentence: "The defendant's remaining contention with respect to the admission of the show-up identification testimony pursuant to CPL 60.25 is without merit," and the motion is otherwise denied.

RIVERA, J.P., SKELOS, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court