THE PEOPLE V MICHAEL E. PRINDLE
Motion No: KA 11-01818
Slip Opinion No: 2015 NY Slip Op 75060(U)
Decided on June 1, 2015
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.


June 1, 2015

PRESENT: SMITH, J.P., CENTRA, PERADOTTO, SCONIERS, AND WHALEN, JJ.

KA 11-01818
Indictment No: 2005-0236

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL E. PRINDLE, DEFENDANT-APPELLANT.


Appellant having moved to strike portions of the brief submitted by respondent on the appeal taken from a judgment of Supreme Court, Monroe County rendered August 3, 2011,

Now, upon reading and filing the affirmation of James A. Hobbs dated May 14, 2015, the notice of motion with proof of service thereof, the statement of Geoffrey Kaeuper, Esq. dated May 15, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that said motion is granted to the extent that all references in the respondent's brief relating to assault in the first degree are hereby stricken, and

It is further ORDERED that the motion is otherwise denied.

Entered: June 1, 2015

Frances E. Cafarell, Clerk