Appellate Division: Second Judicial Department

M278552

E/sl

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2017-12381 The People, etc., respondent, v Devarl M. Dudley, appellant. (Ind. No. 2/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered October 16, 2017. The appellant has brought into question the constitutionality of the persistent felony offender statutes (see Penal Law § 70.10[1],[2]; CPL 400.20[1],[5]), 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 August 25, 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 September 27, 2021, the Attorney General shall notify this Court, in writing, filed via email at [email protected], that the Attorney General either declines to intervene on this appeal, or will serve and file a brief in support of the constitutionality of the persistent felony offender statutes (see Penal Law § 70.10[1],[2]; CPL 400.20[1],[5]), 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; 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 October 12, 2021.

LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court