PEOPLE, ETC., res, v. DARRIAN L. BENNETT, ap — On the Court's own motion, it is

ORDERED that the decision and of this court, dated September 18, 2012, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Suffolk County, rendered October 13, 2010, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.