Opinion
Motion No: 2015-00789 KCR
02-06-2018
The People of the State of New York, Respondent, v. Alejandro Anderson, Appellant.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to reargue an appeal from so much of a sentence of the Criminal Court of the City of New York, Kings County, imposed February 6, 2015, upon his conviction of driving while intoxicated (per se), upon his plea of guilty, as imposed a fine of $500, which was determined by decision and order of this court dated September 29, 2017 (57 Misc 3d 138[A], 2017 NY Slip Op 51313[U]), which reversed the sentence and remitted the matter to the Criminal Court for resentencing, and, upon reargument, to affirm the sentence, insofar as appealed from, or, in the alternative, for leave to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that leave to reargue is granted; upon reargument, the decision and order of this court dated September 29, 2017 (57 Misc 3d 138[A], 2017 NY Slip Op 51313[U]) is recalled and vacated; and the appeal is marked withdrawn.
PESCE, P.J., WESTON and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk