| People v Miller, Daniel |
| Motion No: 2015-06636 |
| Slip Opinion No: 2018 NY Slip Op 70415(U) |
| Decided on April 24, 2018 |
| 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
M249094
X/rr
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-06636 The People, etc., respondent, v Daniel Miller, appellant. (Ind. No. 1038/12)
| DECISION & ORDER ON MOTION |
Appeal by Daniel Miller from a judgment of the Supreme Court, Nassau County, rendered June 16, 2015. The appellant has brought into question the constitutionality of Penal Law § 70.45, 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 the Clerk of the Court, or her designee shall serve a copy of the appellant's brief on the Attorney General; and it is further,
ORDERED that on or before June 11, 2018, the Attorney General shall either serve and file a brief in support of the constitutionality of Penal Law § 70.45, 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 July 11, 2018.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court