People v Martinez, Ruben A.
Motion No: 2021-09118
Slip Opinion No: 2022 NY Slip Op 71342(U)
Decided on September 9, 2022
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

M284804

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

LILLIAN WAN, JJ.

2021-09118

The People, etc., respondent,

v Ruben A. Martinez, appellant.

(Ind. No. 231/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Nassau County, rendered November 24, 2020. Motion by the respondent to strike the appellant's brief on the ground that it raises issues not properly before this Court on the appeal from the judgment.

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 appellant's brief is stricken, and on or before October 11, 2022, the appellant shall serve a replacement brief that does not contain the material on pages 11 through 20 of the original appellant's brief, and upload a digital copy of the replacement brief through the digital portal on this Court's website.

CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court