| People v Washington, Wayne |
| Motion No: 2006-05221 |
| Slip Opinion No: 2006 NYSlipOp 75081(U) |
| Decided on September 7, 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. |
Appellate Division: Second Judicial Department
M44008
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2006-05221 The People, etc., respondent, v Wayne Washington, appellant. (Ind. No. 4152/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se for leave to appeal to this court from so much of an order of the Supreme Court, Kings County, dated November 22, 2005, as denied that branch of his motion which was for relief pursuant to CPL 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 portion of the order which denied relief pursuant to CPL 440.30(1-a) is appealable as of right (see CPL 450.10[5]); and it is further,
ORDERED that the defendant's application for leave to appeal is deemed to be a timely notice of appeal from that portion of the order.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court