Opinion
Motion No: KA 08-02646 Indictment No: 2008-0746-1
03-28-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHAMALL KNIGHT, DEFENDANT-APPELLANT.
PRESENT: , P.J., FAHEY, LINDLEY, AND MARTOCHE, JJ.
Appellant having moved to expand the record on appeal taken from the judgment of Supreme Court, Onondaga County rendered on December 12, 2008,
Now, upon reading and filing the affirmation of Philip Rothschild, Esq. dated February 21, 2012, and the affirmation Victoria M. White, Esq. dated February 24, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
MEMORANDUM: A motion to determine the proper contents of the record is properly directed to the trial court, not this Court (see 22 NYCRR 1000.4 [a][1][ii]). Nevertheless, we exercise our discretion pursuant to 22 NYCRR 1000.4(a)(1)(iii) to accept the order of Supreme Court, Onondaga County dated January 25, 2012 and the transcript from Supreme Court, Onondaga County dated January 20, 2012.
Frances E. Cafarell, Clerk