Appellate Division: Second Judicial Department

M47934

E/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

1998-02449, 1998-02793, 1998-02794, 1998-02923 The People, etc., respondent, v Darren McCall, appellant. (Ind. Nos. 97-00030, 97-00135, 97-00153, 97-00239)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue its motion to strike the brief of the appellant's assigned counsel on appeals from four judgments of the County Court, Rockland County, all rendered February 25, 1998, which was determined by a decision and order on motion of this court dated July 18, 2006, and separate motion by the respondent to strike the appellant's supplemental pro se brief.

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

ORDERED that the motion for leave to reargue is granted and, upon reargument, the decision and order on motion of this court dated July 18, 2006, is recalled and vacated, the motion to strike the brief of the appellant's assigned counsel is granted, and on or before January 22, 2007, the appellant's assigned counsel shall serve and file a replacement brief which does not refer to the minutes of the Darden hearing (see People v Darden, 34 NY2d 177, 181); and it is further,

ORDERED that the motion to strike the appellant's supplemental pro se brief is granted and on or before February 5, 2007, the appellant shall serve and file a replacement supplemental pro se brief which does not refer to the minutes of the Darden hearing (see People v Darden, 34 NY2d 177, 181); and it is further,

ORDERED that on or before April 4, 2007, the respondent shall serve and file its brief in response to the brief of the appellant's assigned counsel and the appellant's supplemental pro se brief, and the respondent may file one responsive brief if it be so advised.

MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court