Opinion
KA 10-00813 Indictment No: 08C-157
04-02-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARK J. DAVIS, DEFENDANT-APPELLANT.
PRESENT: , J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ.
Appellant having moved to strike portions of the brief submitted by respondent on the appeal taken from a judgment of Oswego County Court, rendered May 18, 2009, and for other relief,
Now, upon reading and filing the affirmation of Linda M. Campbell, Esq. dated February 21, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that said motion is granted to the extent that the portion of exhibit 1 identified as a letter dated January 9, 2013 and any references to said letter in respondent's brief are hereby deemed stricken as dehors the record, and
It is further ORDERED that the time to file and serve a reply brief is extended to April 17, 2013, and
It is further ORDERED that the motion is otherwise denied.
Frances E. Cafarell, Clerk