Opinion
KA 16-00767 Indictment No: 2009-185 KA 16-00823
11-10-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KURY S. SPENCER, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KURY S. SPENCER, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
PRESENT:
Appellant having moved to strike portions of the brief submitted by respondent on the appeals taken from orders of Livingston County Court entered July 28, 2011 and August 17, 2015, and for other relief,
Now, upon reading and filing the affidavit of Peter R. Chandler, Esq. sworn to October 25, 2016, the notice of motion with proof of service thereof, the affirmation of Eric R. Schiener, Esq. dated November 4, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the portions of said brief objected to in the affidavit of Peter R. Chandler, Esq. sworn to October 25, 2016, found on pages three, four and five of the brief submitted by respondent are hereby deemed stricken as dehors the record, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file a reply brief is dismissed as moot, and
It is further ORDERED that the motion is otherwise denied.
Entered: November 10, 2016
Frances E. Cafarell, Clerk