Opinion
Motion No 2014-04078 Ind. No. 1517/2012
07-24-2024
The People, etc., respondent, v. Junell Nixon, appellant.
Unpublished Opinion
MOTION DECISION
M297962
KS/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 Supreme Court, Kings County, rendered March 20, 2014. The appellant has brought into question the constitutionality of Penal Law § 265.03(3), in light of the decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 U.S. 1), 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 July 31, 2024, the appellant shall serve copies of the appellant's brief, the respondent's brief, the reply 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 August 30, 2024, 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), 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.