| People v Daly, John P. |
| Motion No: 2007-01304 |
| Slip Opinion No: 2007 NYSlipOp 69691(U) |
| Decided on May 17, 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. |
Appellate Division: Second Judicial Department
M54805
F/
HOWARD MILLER, J.
|
2007-01304
The People, etc., respondent, GR v John P. Daly, appellant. (Ind. No. 1561N-01)
| DECISION, ORDER AND CERTIFICATE ANTING LEAVE TO APPEAL ON APPLICATION |
On the court's own motion, it is
ORDERED that the decision, order and certificate on application in the above-entitled case dated March 28, 2007, is recalled and vacated and the following decision, order and certificate on application is substituted therefor:
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 County Court, Nassau County, dated December 21, 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 County Court, Nassau County, dated December 21, 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.
HOWARD MILLER
Associate Justice