Appellate Division: Second Judicial Department

M37944

E/sl

ROBERT W. SCHMIDT, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10453 The People, etc., respondent, v Chauncy Ramos, appellant. (Ind. No. 04-310)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the County Court, Westchester County, rendered November 16, 2004, to strike the appellant's reply brief on the ground that it refers to grand jury testimony and an expert report not in evidence.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that pages A12 and A13 are stricken from the appendix to the main brief and the following material is stricken from the reply brief:

(1) first full sentence on page 11 beginning "The last page," the indented quotation following that sentence, through the end of the following sentence ending "page A13";

(2) sentence on page 20 beginning "The last page" through the first line on page 21 ending "page A13";

(3) fully delete the now partially deleted portion of the second full paragraph on page 21;

(4) last sentence of footnote 6 on page 28;

(5) last sentence on page 29 beginning "The prosecutor corrected" through first two lines on page 30 ending with "at the map";

(6) footnote 8 on page 30;

on or before April 14, 2006, the appellant shall delete or remove the stricken material from the copies of the appendices and reply briefs on file with the Clerk of this court and/or serve and file replacement appendices or reply briefs that do not contain the stricken material, and the motion is otherwise denied.

SCHMIDT, J.P., LUCIANO, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court