| People v Simmons, Tyrone |
| Motion No: 2009-10607 |
| Slip Opinion No: 2011 NY Slip Op 93079(U) |
| Decided on December 19, 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
M127681
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-10607 The People, etc., respondent, v Tyrone Simmons, appellant. (Ind. No. 08-00370)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's pro se supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 16, 2009, on the ground that it refers to matter dehors the record. Separate motion by the appellant pro se to enlarge the judgment roll to include the transcripts of unspecified proceedings.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant pro se is denied; and it is further,
ORDERED that the respondent's motion is granted, the brief is stricken and on or before February 14, 2012, the appellant, if he be so advised, shall serve and file a replacement supplemental brief that does not refer to matter dehors the record; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court