| People of State of New York v Eric Hoffstead |
| Motion No: 2007-00943 WCR |
| Slip Opinion No: 2008 NYSlipOp 73794(U) |
| Decided on May 27, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Appellant, -against- ERIC HOFFSTEAD, Respondent. |
DECISIONOn the court's own motion, appellant is directed to serve notice on the Attorney-General, pursuant to CPLR 1012 (b) (1), that the constitutionality of Penal Law § 240.35 (1) is involved in this appeal.
Leave is granted to the Attorney-General, if he be so advised to file and serve an amicus curiae brief within 30 days of the date of the service of such notice.
Proof of service of said notice shall be filed by appellant with this court within 7 days of the date of the order hereon.