| THE PEOPLE V MARVIN FORSYTHE |
| Motion No: KA 07-00724 |
| Slip Opinion No: 2008 NYSlipOp 87862(U) |
| Decided on October 28, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 07-00724
Indictment No: I05-047
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARVIN
FORSYTHE, DEFENDANT-APPELLANT. |
Respondent having moved to strike Point VI from appellant's brief filed on the appeal taken from a judgment of the Oneida County Court, rendered December 20, 2005,
Now, upon reading and filing the affirmation of Steven G. Cox, dated September 26, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Donald R. Gerace, sworn to October 2, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied without prejudice to the parties addressing the issue in their briefs.
Entered: October 28, 2008
JoAnn M. Wahl, Clerk