THE PEOPLE V DAVID MCCALLUM
Motion No: KA 10-00667
Slip Opinion No: 2012 NY Slip Op 74112(U)
Decided on May 15, 2012
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.


May 15, 2012

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

KA 10-00667
Indictment No: 2008-0569

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAVID MCCALLUM, DEFENDANT-APPELLANT.


Appellant having moved to enlarge the record on appeal taken from the judgment of Erie County Court, rendered February 11, 2010,

Now, upon reading and filing the affidavit of David McCallum sworn to March 19, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: A motion to determine the proper contents of the record is properly directed to the trial court, not this Court (see 22 NYCRR 1000.4 [a][1][ii]).

Entered: May 15, 2012

Frances E. Cafarell, Clerk