| People v Leyba, Henry |
| Motion No: 2009-08759 |
| Slip Opinion No: 2011 NY Slip Op 77638(U) |
| Decided on July 5, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M122581
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-08759 The People, etc., respondent, v Henry Leyba, appellant. (Ind. No. 88-1377)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief on an appeal from a resentence of the Supreme Court, Westchester County, imposed August 5, 2009, on the ground that it raises issues not properly before the Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and on or before July 27, 2011, the appellant shall serve and file a replacement brief that raises issues only concerning the resentence imposed August 5, 2009.
SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court