| People v Affaitati, Claudio Marino |
| Motion No: 2010-01989 |
| Slip Opinion No: 2010 NY Slip Op 71825(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M103055
L/
REINALDO E. RIVERA, J.
|
2010-01989 The People, etc., respondent, v Claudio Marino Affaitati, appellant. (Ind. No. 156/08)
| 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 County Court, Dutchess County, dated February 1, 2010, which was denied by decision and order on application dated March 26, 2010.
Upon the papers filed in support of the 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 County Court, Dutchess County, dated February 1, 2010, 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.
REINALDO E. RIVERA
Associate Justice