Opinion
Motion No: 2016-00715 SCR
11-21-2018
The People of the State of New York, Respondent, v. Robert O'Neill, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
On the court's own motion, it is
ORDERED that the respondent's brief on this appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered February 16, 2016, is stricken and within 45 days of the date of this decision and order on motion, respondent shall serve and file a replacement brief that does not refer to matters that are dehors the record.
The respondent's brief that has been submitted contains an unsettled copy of a transcript of an arraignment that has not been made part of the record on appeal, upon which the brief relies, and other material that is dehors the record on appeal. Respondent, if so advised, may seek to have a settled copy of that transcript made part of the record on appeal and transmitted to this court prior to the submission of a replacement brief.
ENTER:
Paul Kenny
Chief Clerk