People v McGhee, James
Motion No: 2010-05026
Slip Opinion No: 2012 NY Slip Op 83089(U)
Decided on August 30, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M142877

S/sl

WILLIAM F. MASTRO, A.P.J.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-05026

The People, etc., respondent,

v James McGhee, appellant.

(Ind. No. 2434/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered May 11, 2010, to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court