| People v Terry, Glenn A. |
| Motion No: 2017-00089 |
| Slip Opinion No: 2018 NY Slip Op 73308(U) |
| Decided on May 23, 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
M250500
X/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-00089 The People, etc., respondent, v Glenn A. Terry, appellant. (Ind. No. 1390-15)
| DECISION & ORDER ON MOTION |
Appeal by Glenn A. Terry from a judgment of the County Court, Suffolk County, rendered December 14, 2016. The appellant has brought into question the constitutionality of Penal Law §§ 265.02(1) and 265.15(4), notice of which the Acting 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 June 18, 2018, the appellant shall serve a copy of his brief on the Acting Attorney General and shall file proof of service with the Clerk of this Court; and it is further,
ORDERED that on or before July 18, 2018, the Acting Attorney General shall either serve and file a brief in support of the constitutionality of Penal Law §§ 265.02(1) and 265.15(4), if she be so advised, or notify this Court in writing that she declines to intervene on this appeal; and it is further,
ORDERED that in the event the Acting Attorney General elects to serve and file a brief, the appellant may serve and file a brief in response on or before August 1, 2018.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court