| People v Velasquez, Benigno |
| Motion No: 2008-07032 |
| Slip Opinion No: 2010 NY Slip Op 74773(U) |
| Decided on June 17, 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
M104413
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
RANDALL T. ENG, JJ.
|
2008-07032 The People, etc., respondent, v Benigno Velasquez, appellant.
(Ind. No. 2991/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered May 17, 2007, 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, and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's assigned counsel shall serve and file the 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 on or before August 9, 2010.
DILLON, J.P., MILLER, ANGIOLILLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court