Opinion
Motion No: KA 10-00667 Indictment No: 2008-0569
05-15-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID MCCALLUM, DEFENDANT-APPELLANT.
PRESENT: , J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
Appellant having moved to enlarge the record on appeal taken from the judgment of Erie County Court, rendered February 11, 2010,
Now, upon reading and filing the affidavit of David McCallum sworn to March 19, 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]).
Frances E. Cafarell, Clerk