| People of State of New York v Holley |
| Motion No: 2023-04626 |
| Slip Opinion No: 2024 NY Slip Op 60852(U) |
| Decided on January 19, 2024 |
| 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. |
Appellate Division: Second Judicial Department
M293583
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2023-04626 People of State of New York, respondent, v Daryl Holley, appellant.
| DECISION & ORDER ON MOTION |
Appeal from an order of the County Court, Suffolk County, dated April 28, 2023. Motion by the appellant to strike the stated portions of the respondent's brief 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 sentence on page 3 of the respondent's brief beginning with the words, "DNA samples were taken," and ending with the words, "defendant's DNA," the paragraph on page 30 of the brief beginning with the words, "Moreover, a review of the case summary," and ending with the words "by clear and convincing evidence," and footnote 16 on page 30 of the brief are stricken, and on or before February 16, 2023, the respondent shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in all other respects the same as the brief previously filed.
BARROS, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court