| People v Borrell, Julio |
| Motion No: 2010-07112 |
| Slip Opinion No: 2012 NY Slip Op 70413(U) |
| Decided on April 17, 2012 |
| 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
M136288
P/sl
WILLIAM F. MASTRO, A.P.J.
|
2010-07112
The People, etc., plaintiff, v Julio Borrell, defendant. (Ind. Nos. 3794/94, 4841/94)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated December 7, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
2010-07112
The People, etc., plaintiff,
v Julio Borrell, defendant.
(Ind. Nos. 3794/94, 4841/94)
Motion by the defendant for reargument of an 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, Queens County, dated June 10, 2010, which was denied by a decision and order on application dated March 14, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and upon reargument, this Court's decision and order on application dated March 14, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:
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, Queens County, dated June 10, 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 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 pursuant to CPL 440.30(1-a), in relation to Indictment No. 4841/94, 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.
WILLIAM F. MASTRO
Acting Presiding Justice