| People v Gialanella, John |
| Motion No: 2011-01404 |
| Slip Opinion No: 2011 NY Slip Op 81575(U) |
| Decided on August 18, 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
M123596
S/sl
JOSEPH COVELLO, J.
|
2011-01404
The People, etc., plaintiff, v John Gialanella, defendant. (Ind. No. 94-00320)
| 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, Westchester County, dated January 13, 2011, 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 branch of the application which is for leave to appeal from so much of the order as denied that branch of the defendant's motion which was, in effect, pursuant to CPL 440.30(1-a) is denied as unnecessary as that portion of the order is appealable as of right (see CPL 450.10[5]), and the defendant's motion papers are deemed to be a timely notice of appeal from that portion of the order; and it is further,
ORDERED that the application is otherwise denied.
JOSEPH COVELLO
Associate Justice