People v Fernandez, Joao
Motion No: 2007-11742
Slip Opinion No: 2010 NY Slip Op 65955(U)
Decided on March 18, 2010
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

M100109

E/sl

JOHN M. LEVENTHAL, J.

2007-11742

The People, etc., respondent,

v Joao Fernandez, appellant.

(Ind. No. 20016V-07)

DECISION & ORDER ON MOTION

Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from an opinion and order of this court dated March 9, 2010, which affirmed a judgment of the Supreme Court, Kings County, rendered November 26, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that leave to appeal to the Court of Appeals from the opinion and order of this court dated March 9, 2010, 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.

JOHN M. LEVENTHAL

Associate Justice