Appellate Division: Second Judicial Department

M60908

K/

STEPHEN G. CRANE, J.

2007-07985 The People, etc., respondent, v Christopher Delston, appellant. (Ind. No. 1424/03)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL 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 County Court, Nassau County, dated June 27, 2007, 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 to the extent that the defendant is granted leave to appeal from so much of the order of the County Court, Nassau County, dated June 27, 2007, as denied that branch of the defendant's motion which was, in effect, made pursuant to CPL 440.20; and it is further,

ORDERED that the application is otherwise denied insofar as it seeks leave to appeal from so much of the order of the County Court, Nassau County, dated June 27, 2007, as denied that branch of the defendant's motion which was made pursuant to CPL 440.10; and it is further,

CERTIFIED that said portion of the order from which leave to appeal is being granted 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 portion of the order.

STEPHEN G. CRANE

Associate Justice