Opinion
Motion No: 2011-00407 Ind. No. 08-00462 M132882
02-16-2012
The People, etc., respondent, v. Luis Martinez, appellant.
, J.
DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION
ORDERED that on the Court's own motion the decision, order and certificate granting leave to appeal on motion dated August 25, 2011, is recalled and vacated and the following decision, order and certificate granting leave to appeal on motion is substituted therefor:
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Rockland County, dated December 8, 2010, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the County Court, Rockland County, dated December 8, 2010, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
L. PRISCILLA HALL
Associate Justice