| People v Allen, Douglas |
| Motion No: 2013-10997 |
| Slip Opinion No: 2016 NY Slip Op 90039(U) |
| Decided on October 31, 2016 |
| 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
M220698
S/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2013-10997 The People, etc., respondent, v Douglas Allen, appellant. (Ind. No. 12-00228)
| DECISION & ORDER ON MOTION |
Appeal by Douglas Allen from a judgment of the County Court, Westchester County, rendered November 12, 2013. The appellant has brought into question the constitutionality of Penal Law § 230.25(1), notice of which the Attorney General is required to receive pursuant to Executive Law § 71.
Now, on the Court's own motion, pursuant to Executive Law § 71, it is
ORDERED that on or before November 15, 2016, the appellant shall serve a copy of his brief on the Attorney General and shall file proof of service with the Clerk of this Court; and it is further,
ORDERED that on or before December 20, 2016, the Attorney General shall either serve and file a brief in support of the constitutionality of Penal Law § 230.25(1), if he be so advised, or notify this Court in writing that he declines to intervene on this appeal; and it is further,
ORDERED that in the event the Attorney General elects to serve and file a brief, the appellant may serve and file a brief in response on or before January 3, 2017.
DILLON, J.P., HALL, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court