| People v Canales, Tony |
| Motion No: 2008-09708 |
| Slip Opinion No: 2013 NY Slip Op 68312(U) |
| Decided on March 22, 2013 |
| 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
M153441
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2008-09708, 2011-11194 The People, etc., respondent, v Tony Canales, appellant. (Ind. No. 8406/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's reply brief on appeals from a judgment of the Supreme Court, Kings County, rendered October 16, 2008, and an order of the same court dated November 4, 2011, on the ground that they refer 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 granted, the paragraph beginning on page 5 of the reply brief with the words "Perhaps the prosecutor's" and ending on page 6 with the words "an innocent man Id. at 2." is stricken, and on or before April 5, 2013, the appellant shall either remove that paragraph from the copies of the brief on file with the Clerk of this Court or serve and file a replacement reply brief that does not contain the stricken paragraph.
BALKIN, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court