| THE PEOPLE V MARK J. DAVIS |
| Motion No: KA 10-00813 |
| Slip Opinion No: 2013 NY Slip Op 69473(U) |
| Decided on April 2, 2013 |
| 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. |
PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ.
KA 10-00813
Indictment No: 08C-157
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MARK J. DAVIS, DEFENDANT-APPELLANT. |
Appellant having moved to strike portions of the brief submitted by respondent on the appeal taken from a judgment of Oswego County Court, rendered May 18, 2009, and for other relief,
Now, upon reading and filing the affirmation of Linda M. Campbell, Esq. dated February 21, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that said motion is granted to the extent that the portion of exhibit 1 identified as a letter dated January 9, 2013 and any references to said letter in respondent's brief are hereby deemed stricken as dehors the record, and
It is further ORDERED that the time to file and serve a reply brief is extended to April 17, 2013, and
It is further ORDERED that the motion is otherwise denied.
Entered: April 2, 2013
Frances E. Cafarell, Clerk