Appellate Division: Second Judicial Department

M266076

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2017-06796 The People, etc., respondent, v James C. McDowell, appellant. (Ind. No. 1391/16)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's excessive sentence motion on an appeal from a judgment of the Supreme Court, Kings County, rendered June 5, 2017.

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

ORDERED that the motion is granted to the extent that the following material is stricken from appellant's excessive sentence motion: (1) in the affirmation of Lauren E. Jones dated May 3, 2019: the words "and complainant Kevin Campbell's medical records, obtained from defense counsel, both of," contained in the last sentence of paragraph 3, the words "; Medical Records" contained in paragraph 11, and the third sentence of paragraph 11, (2) the letter from IOD Incorporated dated February 25, 2016, annexed to the excessive sentence motion, and (3) all documents from Kings County Hospital annexed to the excessive sentence motion, and the motion is otherwise denied; and it is further,

ORDERED that on or before on or before October 24, 2019, the appellant shall remove the stricken material from the copies of the excessive sentence motion filed with the Clerk of the Court and file a replacement digital copy of the excessive sentence motion which does not contain the stricken material, or serve and file a replacement excessive sentence motion, in both hard copy format and digital format in accordance with the rules of the Court (see 22 NYCRR 670.11[b][2]),which does not contain the stricken material.

MASTRO, J.P., LEVENTHAL, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court