Opinion
2021-69636 2017-1194 Motion 2021-02236
07-23-2021
The People of the State of New York, Respondent, v. Felix Ojeda-Flores, Defendant. Ind. No. 140/14
Unpublished Opinion
MOTION DECISION
BEFORE: Hon. Martin Shulman Justice of the Appellate Division.
Confidential
CERTIFICATE GRANTING LEAVE UPON REARGUMENT
HON. MARTIN SHULMAN JUDGE.
I, Martin Shulman, a Justice of the Appellate Division, First Judicial Department, do hereby certify that, upon application timely made by the defendant for reargument of the Certificate entered on June 24, 2021 (M-2021-1588) which denied his application pursuant to Criminal Procedure Law, section 460.15, that reargument is granted, and upon reargument 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 defendant to appeal to the Appellate Division, First Judicial Department, from the order of the Supreme Court, Bronx County, entered on or about March 26, 2021.
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 Clerks 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.