| People v Magana, Gerardo |
| Motion No: 2023-02346 |
| Slip Opinion No: 2024 NY Slip Op 73331(U) |
| Decided on August 28, 2024 |
| 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
M298826
KS/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2023-02346 The People, etc., respondent,D v Gerardo Magana, appellant. (Ind. No. 70882/2022)
| ECISION & ORDER ON APPLICATION |
Appeal from a judgment of the County Court, Nassau County, rendered March 2, 2023. The appellant has brought into question the constitutionality of Penal Law §§ 265.02(1) and 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. By decision and order on motion of this Court dated July 24, 2024, this Court, inter alia, directed the Attorney General to 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 §§ 265.02(1) and 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. By letter dated August 26, 2024, the Attorney General notified this Court that she has elected to intervene in this appeal. Application by the Attorney General to extend the time to serve and file a brief in support of the constitutionality of Penal Law §§ 265.02(1) and 265.03(3).
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and on or before September 30, 2024, the Attorney General shall serve a brief in support of the constitutionality of Penal Law §§ 265.02(1) and 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