Appellate Division: Second Judicial Department

M304868

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2023-02175 The People, etc., respondent, v Valdez Simpson, appellant. (Ind. No. 71474/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated February 23, 2023. The appellant has brought into question the constitutionality of New York's second felony offender statutory scheme pursuant to, inter alia, Penal Law §§ 70.00(6), 70.06(6), 70.45(2) and CPL § 400.21(4), 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 May 21, 2025, the appellant shall serve copies of the appellant's brief, and 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 June 20, 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 and file a brief in support of the constitutionality of the second felony offender statutory scheme pursuant to, inter alia, Penal Law §§ 70.00(6), 70.06(6), 70.45(2) and CPL § 400.21(4), 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 each serve and file a brief in response, 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