Appellate Division: Second Judicial Department

M101121

S/nl

STEVEN W. FISHER, J.

2009-11331 The People, etc., respondent, v Derrick Deacon, appellant. (Ind. No. 4919/89)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON 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 Supreme Court, Kings County, dated November 9, 2009, which has been referred to me for determination. Cross application by the People to strike Exhibit J from the defendant's application papers.

Upon the papers filed in support of the application and the cross 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 Supreme Court, Queens County, dated November 9, 2009, 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; and it is further,

ORDERED that the cross application is granted and Exhibit J of the defendant's application papers is stricken and has not been considered in the determination of the defendant's application.

STEVEN W. FISHER

Associate Justice