Appellate Division: Second Judicial Department

M298380

KS/HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-03101 The People, etc., respondent, v Nicholas Roseborough, appellant. (Ind. No. 506/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered April 5, 2021. The appellant has brought into question the constitutionality of Penal Law §§ 265.03(3), in light of the decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1), 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 16, 2024, the appellant shall serve copies of the appellant's brief, the respondent's brief, and this decision and order on motion upon the Attorney General, by one of the methods specified in CPLR 2103(b)(1), (3), (6), or (7), and shall file proof of service through the digital portal on this Court's website; and it is further,

ORDERED that on or before September 16, 2024, the Attorney General shall either (1) notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or (2) serve a brief in support of the constitutionality of Penal Law §§ 265.03(3), and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that in the event the Attorney General elects to file a brief, the appellant and the respondent 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, within two weeks after service upon them of the Attorney General's brief, if so advised.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court