| People v McPherson, Franklin |
| Motion No: 2008-08975 |
| Slip Opinion No: 2012 NY Slip Op 76940(U) |
| Decided on June 20, 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
M139472
T/sl
ARIEL E. BELEN, J.
|
2008-08975
The People, etc., respondent, v Franklin McPherson, appellant. (Ind. No. 186/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this Court dated November 1, 2011, which affirmed a judgment of the County Court, Nassau County, rendered September 16, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the following question is certified to the Court of Appeals: Was so much of the decision and order of this Court dated November 1, 2011, as, in affirming the judgment of the County Court, Nassau County, rendered September 16, 2008, determined that the defendant was not deprived of the effective assistance of counsel, properly made?; and it is further,
ORDERED that the motion is otherwise denied.
In my opinion, a question of law has arisen which ought to be reviewed by the Court of Appeals.
ARIEL E. BELEN
Associate Justice