People v Eley, Marcus
Motion No: 2006-08739
Slip Opinion No: 2006 NYSlipOp 80837(U)
Decided on November 29, 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

M47085

K/sl

A. GAIL PRUDENTI, P.J.

2006-08739

The People, etc., respondent, GR

v Marcus Eley, appellant.

(Ind. No. 1230/01)

DECISION, ORDER AND CERTIFICATE
ANTING LEAVE TO APPEAL
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 August 11, 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 application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated August 11, 2006, 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.

A. GAIL PRUDENTI

Presiding Justice