Appellate Division: Second Judicial Department

M274562

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-01068 The People, etc., respondent, v Winston S. Rose, appellant. (Ind. No. 1379A-2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered December 9, 2016. The appellant has brought into question the constitutionality of Penal Law § 220.77, 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 February 5, 2021, 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, via email at [email protected]; and it is further,

ORDERED that on or before March 8, 2021, the Attorney General shall either notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or serve a brief in support of the constitutionality of Penal Law § 220.77, and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, if the Attorney General be so advised; if a brief is served and uploaded then the Attorney General shall also file five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that in the event the Attorney General elects to serve and file a brief, the appellant may serve a brief in response and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, on or before March 26, 2019, and file five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court