| People v Payton, Wendell |
| Motion No: 2010-06293 |
| Slip Opinion No: 2010 NY Slip Op 81853(U) |
| Decided on September 9, 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
M107601
K/sl
LEONARD B. AUSTIN, J.
|
2010-06293
GR The People, etc., respondent, (Ind. No. 1135-07)
| DECISION, ORDER AND CERTIFICATE ANTING LEAVE TO APPEAL ON APPLICATION v Wendell Payton, appellant. |
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, Suffolk County, dated June 7, 2010, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted to the extent that the defendant is granted leave to appeal from so much of the order of the Supreme Court, Suffolk County, dated June 7, 2010, as denied that branch of his motion which was pursuant to CPL 440.10 to vacate a judgment of conviction rendered October 6, 2008, and the application is otherwise denied; 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.
LEONARD B. AUSTIN
Associate Justice