People v Daves, Keith
Motion No: 2007-00832
Slip Opinion No: 2007 NYSlipOp 64768(U)
Decided on March 8, 2007
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

M51695

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO, JJ.

2007-00832

The People, etc., respondent,

v Keith Daves, appellant.

(Ind. No. 684-04)

DECISION & ORDER ON MOTION

Motion 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 County Court, Suffolk County, dated November 28, 2006, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence.

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 L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated November 28, 2006.

RIVERA, J.P., RITTER, GOLDSTEIN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court