Appellate Division: Second Judicial Department

M308959

AFA/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2017-01555 The People, etc., respondent, v Christopher Harrell, appellant. (Ind. No. 1/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Richmond County, dated January 31, 2017. Motion by the respondent to strike stated portions of the appellant's pro se supplemental brief on the ground that they refer to matter dehors the record or, in the alternative, to extend the time to serve and file a brief in response to the appellant's pro se supplemental brief.

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 branch of the motion which is to strike stated portions of the appellant's pro se supplemental brief is granted, the appellant's pro se supplemental brief is stricken, and on or before December 29, 2025, the appellant shall serve and file a replacement pro se supplemental brief that does not refer to the appellant's CPL 440 motion; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief in response to the appellant's pro se supplemental brief is denied as premature.

DUFFY, J.P., DOWLING, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court