| People v Ayuso, Marcus |
| Motion No: 2008-04760 |
| Slip Opinion No: 2010 NY Slip Op 70672(U) |
| Decided on May 6, 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. |
Appellate Division: Second Judicial Department
M102446
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2008-04760 The People, etc., respondent, v Marcus Ayuso, appellant. (Ind. No. 2243/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 8, 2008, raising the constitutionality of New York's mandatory persistent violent felony offender sentencing scheme.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant shall serve and file the supplemental brief raising the constitutionality of New York's mandatory persistent violent felony offender sentencing scheme on or before May 14, 2010; and it is further,
ORDERED that the respondent shall serve and file a response to the supplemental brief, if any, on or before May 28, 2010.
SKELOS, J.P., COVELLO, HALL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court