People v Edwards, Hakim
Motion No: 2007-05308
Slip Opinion No: 2010 NY Slip Op 74491(U)
Decided on June 16, 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

M104409

E/ct

MARK C. DILLON, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2007-05308

The People, etc., respondent,

v Hakim Edwards, appellant.

(Ind. No. 9263/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file exhibits to his supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 17, 2007. Separate motion by the appellant's assigned counsel for leave to file a supplemental brief raising the issue of the constitutionality of New York's persistent violent felony offender sentencing statute.

Upon the papers filed in support of the motions, the papers filed in relation to the motion by the appellant pro se for leave to file exhibits to his supplemental brief, and the papers filed in opposition to the motion by the appellant's assigned counsel for leave to file a supplemental brief, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the Clerk of this court or his designee shall attach the minutes of the proceedings which occurred on October 3, 1994, and November 14, 1994, in an action entitled People v Edwards, commenced under Ind. No. 6269/94, as well as the minutes of the proceedings which occurred on October 7, 1996, and October 17, 1996, in an action entitled People v Edwards, commenced under Ind. No. 11622/96, as exhibits to the appellant's supplemental pro se brief; and it is further,

ORDERED that the appellant's assigned counsel shall serve and file a supplemental brief raising the issue of the constitutionality of New York's persistent violent felony offender sentencing statute on or before June 25, 2010; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, responding to the supplemental brief of the appellant's assigned counsel on or before July 23, 2010; and it is further,

ORDERED that the appellant's assigned counsel shall serve and file a supplemental reply brief, if any, on or before August 7, 2010.

DILLON, J.P., MILLER, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court