| People v Spence, Christopher C. |
| Motion No: 2009-04285 |
| Slip Opinion No: 2011 NY Slip Op 85538(U) |
| Decided on September 30, 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
M126768
T/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2009-04285, 2011-06710 The People, etc., respondent, v Christopher C. Spence, appellant. (S.C.I.. No. 134-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an amended judgment of the County Court, Dutchess County, rendered April 15, 2009, pursuant to CPL 460.10(6) to deem the notice of appeal amended to include a judgment of the same court, also rendered April 15, 2009, under Superior Court Information No. 351-08, or, in the alternative, for leave to file a late notice of appeal from the judgment rendered under Superior Court Information No. 351-08.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant's brief filed on July 15, 2011, is stricken, and on or before October 31, 2011, assigned counsel shall serve and file a replacement brief that only raises points of argument on the appeal from the amended judgment rendered under Superior Court Information No. 134-07.
RIVERA, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court