People v Valencia, Albeiro
Motion No: 2007-02820
Slip Opinion No: 2009 NYSlipOp 67889(U)
Decided on March 27, 2009
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

M84380

E/sl

MARK C. DILLON, J.

2007-02820

The People, etc., respondent,

v Albeiro Valencia, appellant.

(Ind. No. 1329/06)

DECISION & ORDER ON MOTION
Certificate Granting Leave to Appeal

Motion by the respondent pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court dated January 27, 2009, which modified a judgment of the Supreme Court, Nassau County, rendered February 23, 2007.

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

ORDERED that leave to appeal to the Court of Appeals from the decision and order dated January 27, 2009, in the above-entitled case is granted; in my opinion, a question of law has arisen, which ought to be reviewed by the Court of Appeals.

MARK C. DILLON

Associate Justice