Opinion
Motion No: KA 09-02123 Indictment No: 2008-0866
02-22-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESSIE J. BARNES, DEFENDANT-APPELLANT.
PRESENT: , P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
Appellant having moved for an extension of time to file and serve a pro se reply brief to respondent's brief on the appeal taken from a judgment of the Monroe County Court rendered August 31, 2009, and respondent having cross-moved to strike portions of the pro se supplemental brief filed by defendant and for other relief,
Now, upon reading and filing the affidavit of Jessie J. Barnes sworn to January 26, 2012, the notice of motion with proof of service thereof, the affirmation of Leslie E. Swift, Esq., dated February 13, 2012, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion of appellant is denied, and
It is further ORDERED that the cross motion is granted to the extent that exhibits A, E, F, and H-Q and the portions of the pro se supplemental brief objected to in the affirmation of Leslie E. Swift, Esq. dated February 13, 2012 are deemed stricken as dehors the record, and,
It is further ORDERED that the cross motion is otherwise denied.
Frances E. Cafarell, Clerk