Appellate Division: Second Judicial Department

M280481

MB/

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2008-09711 The People, etc., respondent, v Kevin Louis, appellant. (Ind. No. 5382/2003)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered October 20, 2008, which was determined by decision and order of this Court dated May 31, 2011. By decision and order on motion of this Court dated March 8, 2018, the appellant's application for a writ of error coram nobis to vacate the decision and order of this Court dated May 31, 2011, on the ground of ineffective assistance of appellate counsel, was held in abeyance, and the appellant was granted leave to serve and file a brief on the issue of whether trial counsel was ineffective for failing to move to dismiss the misdemeanor counts of the indictment as time-barred, and counsel was assigned to prosecute the application and brief the issue. Motion by the respondent to strike stated portions of the appellant's brief and reply brief.

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

ORDERED that the respondent's motion is denied.

MASTRO, J.P., AUSTIN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court