Appellate Division: Second Judicial Department

M303118

KS/BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-00221 The People, etc., respondent, v Aaron Thompson, appellant. (Ind. No. 5720/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered December 14, 2022. The appellant has brought into question the constitutionality of Penal Law §§ 265.03(3), 265.01(1), and 265.01-b(1), 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 November 22, 2024, this Court, inter alia, directed the appellant to serve copies of the appellant's brief, the respondent's brief, and the decision and order on motion dated November 22, 2024, upon the Attorney General, by one of the methods specified in CPLR 2103(b)(1), (3), (6), or (7), and file proof of service through the digital portal on this Court's website on or before December 2, 2024. Motion by the appellant to extend the time to serve copies of the appellant's brief, the respondent's brief, and the decision and order on motion dated November 22, 2024, upon the Attorney General.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and on or before March 13, 2025, 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 April 14, 2025, 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), 265.01(1), and 265.01-b(1), 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.

BARROS, J.P., BRATHWAITE NELSON, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court