| People v Lincoln, Abraham J. |
| Motion No: 2024-03118 |
| Slip Opinion No: 2025 NY Slip Op 63490(U) |
| Decided on February 26, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M303013
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2024-03118 The People, etc., respondent, v Abraham J. Lincoln, appellant. (Ind. No. 72592/2022)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Suffolk County, rendered April 17, 2024. Motion by the respondent to strike the appellant's brief and appendix on the ground that the appendix is inadequate, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the appellant's brief and appendix are stricken, and on or before March 24, 2025, the appellant shall serve a replacement brief and appendix which contain copies of the People's opposition to the defendant's pre-trial motion to dismiss dated June 6, 2023, the People's opposition to the defendant's pre-trial motion to dismiss dated July 24, 2023, with annexed exhibits, the People's sur-reply dated August 18, 2023, the transcripts of any hearings pertaining to the defendant's pre-trial motion to dismiss on constitutional and/or statutory speedy trial grounds, and a copy of the minutes of the testimonial portion of the trial, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and appendix and upload digital copies of the replacement brief and appendix, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before April 23, 2025, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DUFFY, J.P., WOOTEN, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court