Appellate Division of the Supreme Court of the State of New York December 29, 1972 (People v. McIntyre)

Motion by appellant to strike certain matter from respondent’s brief on appeal from a judgment of the Supreme Court, Kings County, rendered May 25,1971. Motion denied as moot in view of the disposition of the appeal herewith, but the court notes its disapproval of the practice of incorporating into a brief factual matter not of record. Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ.