People of State of New York v Mario Borrani
Motion No: 2011-02079 WCR
Slip Opinion No: 2015 NY Slip Op 71204(U)
Decided on April 9, 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.


Appellate Term of the Supreme Court

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

2011-2079 W CR
The People of the State of New York, Respondent, v Mario Borrani, Appellant.

On the court's own motion, it is

ORDERED that the replacement appellant's brief filed February 5, 2015 and replacement respondent's brief filed March 6, 2015 on this appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered June 22, 2011, are stricken, and the prior appellant's brief and the prior respondent's brief, both filed November 22, 2013, are reinstated.

The replacement appellant's brief, which challenges appellant's conviction of aggravated harassment in the second degree, is stricken, since the notice of appeal did not include the judgment convicting appellant of that charge and assigned counsel was not assigned to represent appellant on an appeal from that judgment. The replacement respondent's brief is stricken for the same reason.

ENTER:

Paul Kenny

Chief Clerk