People v Lowe, David
Motion No: 2014-04891
Slip Opinion No: 2017 NY Slip Op 92085(U)
Decided on November 14, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M241023

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2014-04891

The People, etc., respondent,

v David Lowe, appellant.

(Ind. No. 5911/12)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 23, 2014, on the ground that it refers to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto; it is

ORDERED that the motion is granted, the appellant's brief is stricken, and on or before December 11, 2017, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record.

ENG, P.J., RIVERA, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court