| PEOPLE V TYRELL L. MANNING |
| Motion No: KA 05-01417 |
| Slip Opinion No: 2008 NYSlipOp 87794(U) |
| Decided on October 23, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.
KA 05-01417
Indictment No: 2004-0894
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TYRELL L.
MANNING, DEFENDANT-APPELLANT. |
Respondent having moved to expand the appendix on the appeal taken from a judgment of Onondaga County Court, rendered April 21, 2005, and appellant having cross moved to dismiss respondent's motion,
Now, upon reading and filing the affirmation of James P. Maxwell, dated September 16, 2008, the notice of motion with proof of service thereof, the affirmation of Shirley K. Duffy, dated September 26, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion of respondent to expand the record to include the September 1, 2004 letter be dismissed, and the motion is otherwise denied, and
It is further ORDERED that the cross motion be denied.
Memorandum: Because the September 1, 2004 letter was considered by County Court upon remittal, it is a part of the record for consideration upon the resubmission of the appeal to this Court.
Entered: October 23, 2008
JoAnn M. Wahl, Clerk