People v Davis, Tiquan
Motion No: 2006-06207
Slip Opinion No: 2006 NYSlipOp 74427(U)
Decided on August 25, 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

M43680

S/sl

HOWARD MILLER, J.

2006-06207

The People, etc., plaintiff,

v Tiquan Davis, defendant.

(Ind. No. 5511/94)

DECISION & ORDER ON APPLICATION

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 Supreme Court, Kings County, dated May 12, 2006, 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 branch of the application which is for leave to appeal from so much of the order as denied that branch of the defendant's motion which was pursuant to CPL 440.30(1-a) is denied as unnecessary as that portion of the order is appealable as of right (see CPL 450.10[5]); and it is further,

ORDERED that the application is otherwise denied.

HOWARD MILLER

Associate Justice