People of State of New York v David Mejia
Motion No: 2013-00077 qcr
Slip Opinion No: 2013 NY Slip Op 69917(U)
Decided on April 3, 2013
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON APPLICATION

2013-77 Q CR
The People of the State of New York, Plaintiff, v
David Mejia, Defendant.

On the court's own motion, it is

ORDERED that the decision and order on application granting leave to appeal dated April 1, 2013 is recalled and vacated and the following decision, order and certificate granting leave to appeal on application is substituted therefor:

Application by defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Criminal Court of Queens County, dated October 22, 2012, which has been referred to me for determination.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted; and it is further,

CERTIFIED that said Criminal Court order involves questions of law or fact which ought to be reviewed by the Appellate Term, Second, Eleventh and Thirteenth Judicial Districts; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

ENTER:

Michael L. Pesce

Presiding Justice