| People v Holmes, Louis, a/k/a Shabaka Shakur |
| Motion No: 2009-01619 |
| Slip Opinion No: 2010 NY Slip Op 71495(U) |
| Decided on May 13, 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. |
Appellate Division: Second Judicial Department
M102804
L/
ANITA R. FLORIO, J.
|
2009-01619 The People, etc., respondent, v Louis Holmes, a/k/a Shabaka Shakur, appellant. (Ind. No. 1143/80)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON APPLICATION |
Application by the defendant to reargue his prior application 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 December 23, 2008, which was denied by decision and order on application dated July 15, 2009.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted, upon reargument, the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated December 23, 2008, made in this case (see Besser v Walsh, F3d , 2010 WL 1223194); 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.
ANITA R. FLORIO
Associate Justice