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Appellate Division, Second Department:June 22, 2020

Appellate Division, Second Department:June 22, 2020

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Motion List released on: June 22, 2020

By Austin, J.P., Cohen, Maltese, Connolly, JJ. THE PEOPLE, ETC., res, v. TYSHON KNIGHT, app — Appeal from a judgment of the Supreme Court, Kings County, rendered May 17, 2018. Motion by the respondent to strike stated portions of the appellant’s brief on the ground that they refer to matter dehors the record. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, and on or before July 22, 2020, the appellant shall delete the first full paragraph on page 6, which begins with the words “To give the Court a sense,” the labeled photograph on page 6, the labeled photograph on page 7, and the words “As shown in these images,” at the beginning of the first sentence of the first paragraph on page 7 from the copies of the appellant’s brief filed with the Clerk of the Court and remove pages 8 and 9 from the copies of the appellant’s brief filed with the Clerk of the Court, or serve a replacement brief that does not contain the text set forth above, the labeled photographs on pages 6 through 8, and the labeled diagram on page 9, and upload a digital copy of the replacement appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, on or before July 22, 2020, and file an original and five hard copies of the replacement appellant’s brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further, ORDERED that the respondent’s time to serve and file a brief is extended, and on or before August 21, 2020, the respondent shall serve a brief and upload a digital copy of the respondent’s brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the respondent’s brief in accordance with any applicable administrative order or other order to be issued by the Court. AUSTIN, J.P., COHEN, MALTESE and CONNOLLY, JJ., concur.

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