Appellate Division: Second Judicial Department

M57312

S/cb

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-07865 DECISION & ORDER O The People, etc., respondent, v Ricardo Grant, appellant. (Ind. No. 00281/03)

N MOTION

Appeal by the defendant from an order of the County Court, Rockland County, dated June 28, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence. By decision and order on motion dated November 25, 2005, the parties were directed to show cause why an order should or should not be made and entered summarily affirming the order dated June 28, 2005, 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 204, Ch 738). Motion by the respondent to strike the affirmation filed by the appellant in response to the decision and order on motion dated November 25, 2005, on the ground that the affirmation refers to matter dehors the record.

Now, on the court's own motion, and upon the papers filed in support of the motion to strike, it is

ORDERED that, on or before October 18, 2007, the appellant shall serve an file a brief raising any and all issues he would like to address concerning the order dated June 28, 2005; and it is further,

ORDERED that the respondent shall serve and file a brief in response to the appellant's brief on or before December 26, 2007, and the appellant may serve and file a reply brief, if any, on or before January 11, 2008 ; and it is further,

ORDERED that the motion to strike the affirmation filed by the appellant is denied as academic in light of this decision and order on motion.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court