Opinion
Motion No: 2010-05026 Ind. No. 2434/08 M142877
08-30-2012
The People, etc., respondent, v. James McGhee, appellant.
, A.P.J.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered May 11, 2010, to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court