People v Velez, Jose
Motion No: 2006-05469
Slip Opinion No: 2006 NYSlipOp 72609(U)
Decided on July 24, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42462

T/nl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2006-05469

The People, etc., respondent,

v Jose Velez, appellant.

(Ind. No. 2963/92)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 9, 2006, which denied his motion made pursuant to CPLR 440.30(1-a).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary, as the order is appealable as of right (see CPL 450.10[5]).

FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court