People v Breland, Daquan
Motion No: 2015-11522
Slip Opinion No: 2019 NY Slip Op 62301(U)
Decided on February 5, 2019
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

M259845

E/afa

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2015-11522

The People, etc., respondent,

v Daquan Breland, appellant.

(Ind. No. 7761/13)

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 November 6, 2015, on the ground that they refer 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 references to the two news articles concerning a $12,000 reward are stricken, and on or before March 4, 2019, the appellant shall either remove the stricken material from the copies of the appellant's brief filed with the Clerk of this Court and file a replacement digital copy of the appellant's brief or serve and file a replacement brief that does not contain the stricken material.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court