| People v Hines, Thomas |
| Motion No: 2011-03918 |
| Slip Opinion No: 2016 NY Slip Op 90713(U) |
| Decided on November 4, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M220539
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2011-03918 The People, etc., respondent, v Thomas Hines, appellant. (Ind. No. 7934/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 20, 2011, on the ground that they refer to matter dehors the record. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the following material is stricken:
(1) the last sentence of the first paragraph and the entire second paragraph on page 10,
(2) the subject heading and the last two paragraphs on page 23,
(3) the words "who later gave a very different account of the incident than did Mr. Morales" in the first full sentence on page 47,
(4) the words "especially since Mr. Hines has a defense of actual innocence" in the heading on page 49,
(5) the words "is actually innocent of this crime and" in the second sentence of the penultimate paragraph on page 49, and
(6) the words "since at least two witnesses have come forward to give sworn statements that Mr. Hines was not the shooter" in the third sentence of the penultimate paragraph on page 49; and it is further,
ORDERED that on or before December 7, 2016, the appellant shall either remove the stricken material from the copies of the appellant's brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until January 6, 2017, and the respondent's brief must be served and filed on or before that date.
BALKIN, J.P., HALL, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court