Opinion
Motion No: 2018-01401 QCR
02-27-2019
The People of the State of New York, Respondent, v. Pedro Baltazar, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Lower Court # 2015QN062349
Motion by appellant to consolidate an appeal from judgments of conviction of the Criminal Court of the City of New York, Queens County, rendered November 30, 2017, convicting appellant of aggravated unlicensed operation of a motor vehicle in the third degree and bail jumping in the third degree, respectively (appeal No. 2018-141 Q CR), with an appeal from an amended judgment of conviction of that court, rendered May 17, 2018, resentencing appellant on the conviction of aggravated unlicensed operation of a motor vehicle in the third degree (appeal No. 2018-1401 Q CR), to amend this court's order of assignment dated March 7, 2018 to include the appeal from the amended judgment of conviction, and to consolidate the appeal from the conviction of aggravated unlicensed operation of a motor vehicle in the third degree with the appeal from the conviction of bail jumping in the third degree.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the branches of the motion seeking to consolidate the appeal from the judgments of conviction (appeal No. 2018-141 Q CR) with the appeal from the amended judgment of conviction (appeal No. 2018-1401 Q CR), and to amend the order of assignment are denied as moot, as those branches of the motion were disposed of in a prior decision and order on motion of this court dated January 25, 2019; and it is further,
ORDERED that the branch of the motion seeking to consolidate the appeal from the conviction of aggravated unlicensed operation of a motor vehicle in the third degree with the appeal from the conviction of bail jumping in the third degree is denied as unnecessary; and it is further,
ORDERED, on the court's own motion, that so much of appeal No. 2018-141 Q CR as is from so much of the judgment convicting appellant of aggravated unlicensed operation of a motor vehicle in the third degree as imposed sentence is dismissed, as that portion of that judgment of conviction was superseded by the amended judgment of conviction.
ENTER:
Paul Kenny
Chief Clerk