People v Prince, Derrick
Motion No: 2010-01474
Slip Opinion No: 2010 NY Slip Op 70465(U)
Decided on May 5, 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

M100807

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-01474

The People, etc., plaintiff,

v Derrick Prince, defendant.

(Ind. No. 1453/04)

DECISION & ORDER 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, Nassau County, dated January 6, 2010, issued pursuant to CPL 440.46.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see CPL 440.46[3]); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal (see CPL 460.10[6]).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court