Opinion
Motion No. 2022-04736 Ind. Nos. 1133/908859/91 Case No. 2022-04788
02-07-2023
The People of the State of New York, Respondent, v. Paul Davila, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
BEFORE: Hon. Bahaati E. Pitt-Burke, Justice of the Appellate Division
CERTIFICATE GRANTING LEAVE IN PART
Hon. Bahaati E. Pitt-Burke Associate Justice
I, Bahaati E. Pitt-Burke, 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 with respect to indictment No. 8859/1991, 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 October 7, 2022, solely as it relates to indictment No. 8859/1991. However, there is no question of law or fact presented which ought to be reviewed by the Appellate Division, First Judicial Department, as it relates to indictment No. 1133/1990, and permission to appeal from the order of the Supreme Court, Bronx County, entered on or about October 7, 2022, as it relates to indictment No. 1133/1990, is hereby denied.
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.
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.