Opinion
No. KA 09-01235.
October 9, 2009.
Appeal from an order of the Oneida County Court (Charles C. Merrell, A.J.), entered October 27, 2008. The order denied the motion of the People for leave to reargue.
SCOTT D. McNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR APPELLANT.
LESLIE R. LEWIS, NEW HARTFORD, FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Martoche, Peradotto, Carni and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed ( see People v Auslander, 169 AD2d 853, 854).