| People v Custodio, Luis |
| Motion No: 2011-03581 |
| Slip Opinion No: 2011 NY Slip Op 77404(U) |
| Decided on June 30, 2011 |
| 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
M122291
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2011-03581 The People, etc., plaintiff, v Luis Custodio, defendant. (Ind. No. 05-00368)
| 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 County Court, Orange County, dated January 4, 2011, 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]).
SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court