Appellate Division: Second Judicial Department

M140117

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-11323, 2011-11325, 2012-05951 The People, etc., respondent, v Angel Liz, appellant. (Ind. Nos. 96-00316, 97-00175)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an execution of sentence of the Supreme Court, Rockland County, under Ind. No. 96-00316, dated August 3, 2011, a judgment of the same court rendered August 3, 2011, under Ind. No. 97-00175, and an order of the same court dated March 3, 2011, issued pursuant to CPL 440.46, under Ind. No. 96-00316, in effect, to dismiss the appeal from the execution of sentence and to strike the appellant's brief. Cross motion by the appellant, inter alia, in effect to deem the notice of appeal from the execution of sentence to be a timely notice of appeal from a judgment of the same court rendered May 14, 1997, under Ind. No. 96-00316

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the appeal from the execution of sentence dated August 3, 2011 (Appellate Division Docket No. 2012-05951), is dismissed, the appellant's brief is stricken, and on or before September 4, 2012, the appellant shall serve and file a replacement brief raising issues relating only to the appeals from the judgment rendered August 3, 2011, under Ind. No. 97-00175, and the order dated March 3, 2011, issued pursuant to CPL 440.46, under Ind. No. 96-00316; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., DICKERSON, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court