THE PEOPLE V THOMAS MONTGOMERY
Motion No: KA 07-02566
Slip Opinion No: 2009 NYSlipOp 62247(U)
Decided on January 27, 2009
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.


January 27, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 07-02566
Indictment No: 2006-2885

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

THOMAS MONTGOMERY, DEFENDANT-APPELLANT.


An appeal having been taken from a judgment of the Supreme Court, Erie County, rendered November 27, 2007,

Now upon reading and filing the letter of Thomas Montgomery, dated January 14, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before March 6, 2009,

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before March 20, 2009.

Entered: January 27, 2009

JoAnn M. Wahl, Clerk