Opinion
Submitted February 13, 1974
Decision released March 19, 1974
Motions by the state, in the defendant's appeal from the Superior Court in New Haven County, to strike improper matter from the draft finding and for an order directing the defendant to file a substituted draft finding complying with the rules of practice; motion by the defendant to expunge the state's order to strike. Defendant's motion to expunge denied; order entered directing trial court to return defendant's draft finding for proper preparation of its contents.
Arnold Markle, state's attorney, for the appellee (state).
John R. Williams, special public defender, for the appellant (defendant).
The defendant has appealed from his conviction on three counts of selling a narcotic drug and filed a request for finding and draft finding totaling 573 pages, most of it verbatim from the transcript. The state has filed with this court a motion to strike improper matter from that draft finding and moved for an order directing the defendant to file a substituted draft finding prepared in compliance with the rules of practice in this court. The defendant has filed a motion to expunge the state's motion to strike.
An examination of the draft finding submitted by the defendant discloses that, as detailed in the motion and appendix submitted by the state, the draft finding has been prepared not only "with indifference to or disregard of the rules governing the manner of properly presenting appeals"; Morgillo v. Evergreen Cemetery Assn., 152 Conn. 169, 173, 205 A.2d 368; but in what can only be considered to be a deliberate flouting and offensive disregard of those rules.