People v Martinez, Juan
Motion No: 2007-02660
Slip Opinion No: 2009 NYSlipOp 65247(U)
Decided on March 3, 2009
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

M83037

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2007-02660

The People, etc., respondent,

v Juan Martinez, appellant.

(Ind. No. 2982/04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a replacement brief on an appeal from a judgment of the Supreme Court, Queens County, rendered February 26, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the brief filed by the respondent on December 22, 2008, is stricken, the respondent's time to serve and file a replacement brief is enlarged until March 5, 2009, and the respondent's replacement brief must be served and filed on or before that date.

FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court