Appellate Division: Second Judicial Department

M220970

S/afa

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2014-00414 The People, etc., respondent, v Kyle Watson, appellant. (Ind. No. 99-01266)

DECISION & ORDER ON MOTION

Appeal by Kyle Watson from a resentence of the Supreme Court, Westchester County, imposed March 13, 2013. The appellant has brought into question the constitutionality of Penal Law § 70.85, 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(1), it is

ORDERED that on or before November 22, 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 27, 2016, the Attorney General shall either serve and file a brief in support of the constitutionality of Penal Law § 70.85, 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 11, 2017.

ENG, P.J., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court