Opinion
Motion No. 2021-00740 QCR
02-09-2023
The People of the State of New York, Appellant, v. Albert Harris, Respondent.
Unpublished Opinion
MOTION DECISION
CHEREE A. BUGGS, J. P. LISA S. OTTLEY LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Motion by respondent on an appeal from an order of the Criminal Court of the City of New York, Queens County, dated October 19, 2021, to strike portions of appellant's reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
Matters that are dehors the record will not be considered on appeal (see Westchester Med. Ctr. v GMAC Ins. Co. Online, Inc., 80 A.D.3d 603 [2011]; Chimarios v Duhl, 152 A.D.2d 508 [1989]). However, what is properly considered a part of the record will be determined at the time the appeal is reviewed.