Opinion
Motion No. 2023-04888 Ind. No. 663/1999Case No. 2022-05454
12-21-2023
The People of the State of New York, Respondent, v. Andre Brown Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
BEFORE: Hon. Tanya R. Kennedy Justice of the Appellate Division
CERTIFICATE GRANTING LEAVE
Hon. Tanya R. Kennedy, Associate Justice
I, Tanya R. Kennedy, a Justice of the Appellate Division, First Judicial Department, do hereby certify that in the proceedings herein questions of law or fact are involved 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 hereby granted to the above-named defendant to appeal to the Appellate Division, First Judicial Department, from the order of the Supreme Court, Bronx County, entered on or about December 1, 2022.
In the event defendant has an existing (direct) appeal from a judgment, such appeal shall be consolidated with the appeal from the aforesaid order; and any poor person relief granted with respect to the appeal from the judgment shall be extended to cover the appeals so consolidated.
Defendant's appeal shall be considered as a cross appeal to the People's appeal from the aforementioned order (see 22 NYCRR 1250.9[f][1]).
NOTICE: Within 15 days from the date hereon, 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 thereof.