Appellate Division: Second Judicial Department

M302511

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2019-10324 The People, etc., respondent, v Smith Percinthe, appellant. (Ind. No. 6834/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered August 26, 2019. Motion by the appellant for leave to serve and file a supplemental brief or, in the alternative, for leave to serve and file a replacement brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that on or before March 3, 2025, the appellant shall serve and file a supplemental brief containing an additional point of argument regarding the persistent violent felony offender adjudication, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental brief and upload a digital copy of the supplemental brief, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, on or before April 2, 2025, the respondent shall serve and file a supplemental respondent's brief, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental respondent's brief and upload a digital copy of the supplemental respondent's brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., FORD, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court