People v Amico, Salvatore
Motion No: 2008-03459
Slip Opinion No: 2010 NY Slip Op 72518(U)
Decided on May 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

M103446

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2008-03459

The People, etc., respondent,

v Salvatore Amico, appellant.

(Ind. No. 2559/06)

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 April 9, 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 June 28, 2010; and it is further,

ORDERED that the respondent's time to serve and file a brief in response to the appellant's main brief and the appellant's supplemental brief is enlarged until August 12, 2010, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., COVELLO, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court