Opinion
Motion No: KA 10-01131 Indictment No: 2009-0627D
10-18-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHRISTOPHER KALB, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to amend appellant's brief for appeal taken from the judgment of Erie County Court, rendered April 14, 2010,
Now, upon reading and filing the affidavit of Alan Williams, Esq. sworn September 8, 2011, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated September 12, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appellant shall file a supplemental brief, arguing that the court improperly directed appellant to submit to the taking of a DNA sample, on or before October 24, 2011, and
It is further ORDERED that respondent shall file a response to that argument, if any, on or before November 14, 2011, and
It is further ORDERED that appellant may file a reply, if any, on or before November 29, 2011.
PATRICIA L. MORGAN, Clerk