People v Amos, Shamel
Motion No: 2019-05572
Slip Opinion No: 2021 NY Slip Op 60907(U)
Decided on January 27, 2021
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

M275273

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-05572

The People, etc., respondent,

v Shamel Amos, appellant.

(Ind. No. 10464/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered November 27, 2018. Motion by the respondent to strike the appellant's brief and appendix on the grounds that they contain or refer to matter dehors the record and that the record is inadequate.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appellant's brief and appendix are stricken, and on or before February 26, 2021, the appellant shall serve a replacement brief and appendix which does not refer to or contain papers concerning the appellant's CPL 440 motion, and that does contain the respondent's motion papers filed in opposition to the appellant's motion to withdraw his plea, any written determination of the appellant's motion to withdraw his plea, and the relevant transcripts of the proceedings.

DILLON, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court