Appellate Division: Second Judicial Department

M299380

AFA/MARK C. DILLON, J.P.

BARRY E. WARHIT

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2024-03118 The People, etc., respondent, v Abraham J. Lincoln, appellant. (Ind. No. 72592/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered April 17, 2024. Motion by the respondent to strike the appellant's brief and appendix on the ground that the appendix is inadequate.

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 and appendix are stricken, and on or before October 21, 2024, the appellant shall serve a replacement brief and appendix which contain copies of the People's opposition to the defendant's pre-trial motion to dismiss on constitutional speedy trial grounds and the relevant transcripts of the proceedings, including transcripts of any hearings pertaining to the defendant's pre-trial motion to dismiss on constitutional speedy trial grounds, and the transcripts of the trial testimony of John Inzinna and Lisa Rappaport, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and appendix and upload digital copies of the replacement brief and appendix, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., WARHIT, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court