Opinion
Submitted December 30, 1999.
May 17, 2000.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Jones, J.), imposed February 26, 1999, on the ground that the sentence is excessive.
Robert C. Mitchell, Riverhead, N.Y. (Anna M. Perry of counsel), for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (John J. Ribeiro of counsel), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, ANITA R. FLORIO, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the sentence is affirmed. No opinion.
MANGANO, P.J., RITTER, JOY, FLORIO and LUCIANO, JJ., concur.
DECISION ORDER ON MOTION
Motion by the respondents on appeals from (1) an order and judgment (one paper) of the Supreme Court, Queens County, entered February 3, 1989, and (2) an order of the same court, entered February 4, 1998, inter alia, to strike stated portions of the record on appeal and the appellant's brief on the ground that they contain references to matter outside the record. By decision and order dated December 1, 1998, those branches of the motion which were to strike pages 305 through 327 of the record on appeal on the ground that the documents on those pages are not part of the record on appeal, and to strike the appellant's brief on the ground that it contains references to matters dehors the record, and for advancing new legal arguments and theories which were not raised before the trial court, were referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the submission of the appeal, it is
ORDERED that those branches of the motion which were referred to the Justices hearing the appeal are denied.
BRACKEN, J.P., THOMPSON, GOLDSTEIN and FLORIO, JJ., concur.