People of State of New York v Smith
Motion No: 2006-02488
Slip Opinion No: 2007 NYSlipOp 80197(U)
Decided on October 9, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M60750

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-02488

People of State of New York, respondent,

v Darrell Smith, appellant.

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a determination of the Supreme Court, Richmond County, dated February 6, 2006, for leave to file a certain letter dated September 4, 2007, providing a citation that was omitted in its brief, or, in the alternative, for leave to file an amended brief.

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

ORDERED that the motion is granted to the extent that on or before October 25, 2007, the respondent can either serve and file a replacement brief that adds a citation to page 20 of that brief or add a citation to page 20 of the copies of the respondent's brief filed with the Clerk of the Court, and the motion is otherwise denied.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court