Opinion
KA 10-01873 Indictment No: 2009-0679-1
05-14-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAYVON UNDERDUE, DEFENDANT-APPELLANT.
PRESENT: , P.J., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
Appellant having moved to hold in abeyance the appeal taken from the judgment of Onondaga County Court, rendered January 25, 2010,
Now, upon reading and filing the affidavit of Dayvon Underdue sworn to April 3, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before June 13, 2013, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before June 28, 2013.
Frances E. Cafarell, Clerk