Opinion
Motion No: 2009-04285 2011-06710 S.C.I. No. 134-07 M126768
09-30-2011
The People, etc., respondent, v. Christopher C. Spence, appellant.
, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on an appeal from an amended judgment of the County Court, Dutchess County, rendered April 15, 2009, pursuant to CPL 460.10(6) to deem the notice of appeal amended to include a judgment of the same court, also rendered April 15, 2009, under Superior Court Information No. 351-08, or, in the alternative, for leave to file a late notice of appeal from the judgment rendered under Superior Court Information No. 351-08.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant's brief filed on July 15, 2011, is stricken, and on or before October 31, 2011, assigned counsel shall serve and file a replacement brief that only raises points of argument on the appeal from the amended judgment rendered under Superior Court Information No. 134-07.
RIVERA, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court