People v Alvarez, Luis
Motion No: 2008-08608
Slip Opinion No: 2010 NY Slip Op 69511(U)
Decided on April 26, 2010
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101831

E/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-08608

The People, etc., respondent,

v Luis Alvarez, appellant.

(Ind. No. 410/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered September 4, 2008, to raise an additional issue challenging the constitutionality of the appellant's sentence.

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

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

ORDERED that on or before May 3, 2010, the appellant shall serve and file a supplemental brief challenging the constitutionality of the appellant's sentence; and it is further,

ORDERED that on or before May 10, 2010, the respondent shall serve and file a brief, if any, in response to the appellant's supplemental brief challenging the constitutionality of the appellant's sentence.

FISHER, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court