Opinion
Motion No: 2008-09584 2010-06293 Ind. No. 1135-07 M149343
01-10-2013
The People, etc., respondent, v. Wendell Payton, appellant.
, J.
DECISION & ORDER ON MOTION
Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this Court dated November 14, 2012, which affirmed a judgment of the County Court, Suffolk County, rendered October 6, 2008, and an affirmed insofar as appealed from an order of the same court dated June 7, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and leave to appeal to the Court of Appeals from the decision and order of this Court dated November 14, 2012, in the above-entitled case is granted; in my opinion, a question of law has arisen, which ought to be reviewed by the Court of Appeals.
ROBERT J. MILLER
Associate Justice