People v Hughes, Franklin
Motion No: 2009-07374
Slip Opinion No: 2010 NY Slip Op 76939(U)
Decided on July 14, 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

M105339

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-07374

The People, etc., respondent,

v Franklin Hughes, appellant.

(Ind. No. 979/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered July 8, 2009, to enlarge the record to include written notice to the Attorney General of the appellant's intent to challenge the constitutionality of Penal Law 265.03(3) and Penal Law 265.02(1) as to him, and to enlarge the time to perfect the appeal.

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's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

DILLON, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court