Appellate Division: Second Judicial Department

M57322

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-03500 The People, etc., respondent, v Sean Stephen, appellant. (Ind. No. 4588/02)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Kings County, dated February 16, 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 September 15, 2005, the parties were directed to show cause why an order should or should not be made and entered summarily affirming the order dated February 16, 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).

Now, on the court's own motion, 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 February 16, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court