Appellate Division: Second Judicial Department

M43961

F/

ROBERT A. SPOLZINO. J.

2005-09634 The People, etc., respondent, v Jean Rudy Frantz, appellant. (Ind. No. 442/96)

DECISION & ORDER ON MOTION

Motion by the defendant for reargument of an application 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, Queens County, dated June 1, 2005, which was determined by me in a decision and order on application dated December 13, 2005.

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

ORDERED that the motion for reargument is granted, and upon reargument, the decision and order on application dated December 13, 2005, is recalled and vacated and the following is substituted therefore:

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, Queens County, dated June 1, 2005, 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 application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated June 1, 2005, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

ROBERT A. SPOLZINO

Associate Justice