| People of State of New York v Mario Borrani |
| Motion No: 2011-02079 WCR |
| Slip Opinion No: 2015 NY Slip Op 61399(U) |
| Decided on January 8, 2015 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Mario Borrani, Appellant. |
On the court's own motion, it is
ORDERED that the brief filed by appellant's counsel pursuant to Anders v California (386 US 738 [1967]) on this appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered June 22, 2011, is stricken in light of the decision in People v Golb (23 NY3d 455, 466-467 [2014]; see also People v Edrees, ___ AD3d ___, 2014 NY Slip Op 08660 [2014]), which was issued subsequent to the submission of the Anders brief; and it is further,
ORDERED that appellant's counsel shall serve and file a replacement brief within 45 days of the date of this decision and order on motion; and it is further,
ORDERED that the respondent's brief is stricken and respondent shall have 30 days from the date that the replacement appellant's brief is due to be filed pursuant to this decision and order on motion to serve and file a replacement respondent's brief; and it is further,
ORDERED that appellant shall have 14 days from the date that the replacement respondent's brief is due to be filed pursuant to this decision and order on motion to file a reply brief.
ENTER:
Paul Kenny
Chief Clerk