Appellate Division: Second Judicial Department

M38764

S/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-09403 The People, etc., respondent, v William Duke, appellant. (Ind. No. 12251/94)

DECISION & ORDER ON MOTION

Appeal by the defendant from so much of an order of the Supreme Court, Queens County, dated August 18, 2005, as determined that branch of his motion which sought relief pursuant to chapter 738 of the Laws of 2004, to reduce his sentence. By decision and order on motion dated November 22, 2005, the parties were directed to show cause why an order should or should not be made and entered summarily affirming that portion of the order dated August 18, 2005, which determined that branch of the defendant's motion which sought relief pursuant to chapter 738 of the Laws of 2004 on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60) the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 2004, Ch 738).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on or before July 5, 2005, the appellant shall serve and file a brief raising any and all issues which he believes are relevant to this appeal; and it is further,

ORDERED that the respondent shall serve and file a brief answering the appellant's brief within 60 days after service of the appellant's brief upon it.

SCHMIDT, J.P., CRANE, SANTUCCI and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court