Opinion
Motion No: KA 05-00172 Indictment No: 393/03
03-27-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CYRIL WINEBRENNER, DEFENDANT-APPELLANT.
PRESENT: , P.J., FAHEY, LINDLEY, AND MARTOCHE, JJ.
Counsel for appellant having moved for leave to present oral argument for the appeal taken from the judgment of Monroe County Court, rendered March 30, 2005, and for other relief,
Now, upon reading and filing the affirmation of Jeffrey Wicks, Esq. dated March 9, 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 granted to the extent that each party shall be permitted 15 minutes for oral argument, and
It is further ORDERED that the appeal be removed from the day calendar of March 28, 2012, and
It is further ORDERED that the appeal be placed on the term commencing on May 14, 2012.
Memorandum: To the extent that counsel for appellant moves to reschedule the argument date for the appeal due to a scheduling conflict, we find no adequate rationale for rescheduling the appeal. Nevertheless, because of the late filing of the counsel's request for leave to present oral argument, we exercise our discretion to allow the People a fair opportunity to prepare for oral argument, and therefore, the appeal will be placed on the term commencing on May 14, 2012.
Frances E. Cafarell, Clerk