Opinion
Motion No. 2020-02270 Ind. No. 1018D/2018
06-23-2023
The People, etc., respondent, v. Richard Johnson, appellant.
Unpublished Opinion
MOTION DECISION
M289587
HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Westchester County, rendered January 15, 2020. The appellant has brought into question the constitutionality of Penal Law §§ 265.02 and 265.03, in light of the decision in New York State Rifle & Pistol Assn., Inc. v Bruen (___ U.S. ___, 142 S.Ct. 2111), 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 June 30, 2023, 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 July 31, 2023, the Attorney General shall either (1) notify this Court, in writing, filed via email at ad2clerk@nycourts.gov, 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 and 265.03, 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.