| People of State of New York v Robert O'neill |
| Motion No: 2016-00715 SCR |
| Slip Opinion No: 2018 NY Slip Op 89573(U) |
| Decided on November 21, 2018 |
| 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. |
of the State of New York for the 9th & 10th Judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Robert O'Neill, Appellant. |
On the court's own motion, it is
ORDERED that the respondent's brief on this appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered February 16, 2016, is stricken and within 45 days of the date of this decision and order on motion, respondent shall serve and file a replacement brief that does not refer to matters that are dehors the record.
The respondent's brief that has been submitted contains an unsettled copy of a transcript of an arraignment that has not been made part of the record on appeal, upon which the brief relies, and other material that is dehors the record on appeal. Respondent, if so advised, may seek to have a settled copy of that transcript made part of the record on appeal and transmitted to this court prior to the submission of a replacement brief.
ENTER:
Paul Kenny
Chief Clerk