| THE PEOPLE V DARYL GUNN |
| Motion No: KA 11-02329 |
| Slip Opinion No: 2016 NY Slip Op 93673(U) |
| Decided on December 5, 2016 |
| 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. |
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.
KA 11-02329
Indictment No: 03-242-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARYL
GUNN, DEFENDANT-APPELLANT. |
Appellant having moved to strike the brief filed by appellate counsel on the appeal taken from a resentence of the Onondaga County Court, rendered October 18, 2011, and for other relief,
Now upon reading and filing the affidavit of Darrell Gunn sworn to November 17, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that the appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before January 5, 2017, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before January 20, 2017.
Entered: December 5, 2016
Frances E. Cafarell, Clerk