| People v Latimer, Corey A. |
| Motion No: 2012-03100 |
| Slip Opinion No: 2013 NY Slip Op 95364(U) |
| Decided on December 30, 2013 |
| 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
M167458
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2012-03100 The People, etc., respondent, v Corey A. Latimer, appellant. (Ind. No. 5/02)
| DECISION & ORDER ON MOTION |
Appeal by Corey A. Latimer from an amended sentence of the County Court, Dutchess County, imposed March 15, 2012. The appeal was perfected on July 5, 2013. The respondent filed a brief on September 5, 2013. The appellant is raising an issue concerning the constitutionality of Penal Law § 70.85, but failed to notify the Attorney General as required by CPLR 1012(b) and Executive Law § 71.
Now, on the Court's own motion, it is
ORDERED that pursuant to CPLR 1012(b) and Executive Law § 71, on or before January 17, 2014, the appellant shall serve a copy of his brief on the Attorney General, and file proof of service with the Clerk of this Court; and it is further,
ORDERED that on or before February 18, 2014, the Attorney General by shall notify this Court in writing whether he intends to intervene on this appeal.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court