Opinion
Motion No: KA 10-00287 KA 10-00517 KA 11-00232 KA 09-01-023 Indictment No: 2009-0150
08-17-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FRANK GARCIA, DEFENDANT-APPELLANT.
PRESENT: , P.J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
Appellant having moved to consolidate the appeals taken from the judgment of the Monroe County Court rendered December 16, 2009 (KA 10-00287), the judgment of Supreme Court, Ontario County rendered September 1, 2009 (KA 10-00517), with an application pursuant to CPL 460.15 seeking permission to appeal from an order of Ontario County Court dated December 29, 2010 (KA 11-00232), and for other relief,
Now, upon reading and filing the affidavit of Frank Garcia sworn to June 29, 2011, the notice of motion with proof of service thereof, the affirmation of Leslie E. Swift, Esq. dated August 11, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the portion of defendant's motion seeking permission to file a pro se supplemental brief in excess of the page limitation prescribed pursuant to 22 NYCRR 1000.4 (f)(3) is dismissed as premature, and
It is further ORDERED that the motion is otherwise denied.
PATRICIA L. MORGAN, Clerk