People v. Mateo

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANGEL MATEO, Respondent

Court: Court of Appeals of the State of New York

Date published: May 11, 2004

2 N.Y.3d 786 (N.Y. 2004)

780 N.Y.S.2d 308

Opinion

Submitted April 19, 2004.

Decided May 11, 2004.

Motion dismissed upon the ground that no action or proceeding is presently pending before the Court of Appeals ( see People v. Smith, 63 NY2d 896). An application to enforce this Court's remittitur, if such application properly lies, is by appeal, not motion ( see Karger, Powers of the New York Court of Appeals § 122 [3d ed]).

Judge READ taking no part.