People v Tucker, Marshall
Motion No: 2012-01649
Slip Opinion No: 2013 NY Slip Op 90857(U)
Decided on November 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M164849

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-01649

The People, etc., respondent,

v Marshall Tucker, appellant.

(Ind. No. 1787-09)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to file a replacement brief on an appeal from a judgment of the County Court, Suffolk County, rendered January 12, 2012.

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

ORDERED that the motion is granted, the appellant's brief and the respondent's brief are stricken, the appellant's time to perfect the appeal is enlarged, and assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court