Opinion
2021-74063 Motion 1575
10-28-2021
The People of the State of New York, Respondent, v. Fernando Rosario, Defendant-Appellant. Ind. No. 5463/12 Case No. 2021-01529
Hon. Lizbeth Gonzalez, Associate Justice.
Unpublished Opinion
MOTION DECISION
BEFORE: Hon. Lizbeth González, Justice of the Appellate Division.
Hon. Lizbeth Gonzalez, Associate Justice.
CERTIFICATE GRANTING LEAVE
I, Lizbeth González, a Justice of the Appellate Division, First Judicial Department, certify that defendant's application presents questions of law or fact which ought to be reviewed by the Appellate Division, First Judicial Department, and, pursuant to Section 460.15 of the Criminal Procedure Law, permission is granted to defendant to appeal to the Appellate Division, First Judicial Department, from the order of the Supreme Court, New York County, dated March 4, 2021.
In the event defendant has an existing (direct) appeal from a judgment, that appeal shall be consolidated with the appeal related to this certificate; and any poor person relief granted with respect to the appeal from the judgment shall be extended to cover the appeals so consolidated.
NOTICE: Within 15 days from the issuance of this certificate, an appeal must be taken, and this certificate must be filed with the notice of appeal. An appeal is taken by filing, in the Clerk's office of the criminal court in which the order sought to be appealed was rendered, a written notice in duplicate that appellant appeals to the Appellate Division, First Judicial Department (Section 460.10, subd. 4, CPL), together with proof that another copy of the notice of appeal has been served upon opposing counsel. The appeal (or consolidated appeals; see footnote) must be argued within 120 days from the date of the notice of appeal, unless the time to perfect the appeal(s) is enlarged by the court or a justice of the court.