Appellate Division : Second Judicial Department

M157787

L/

JOHN M. LEVENTHAL, J.

2013-01171 The People, etc., respondent, v Garth Taylor, appellant. (Ind. No. 9164/99)

DECISION & ORDER ON MOTION

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, Kings County, dated January 15, 2013, which was denied by a decision and order on application of this Court dated March 7, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion for reargument is granted; and upon reargument, the decision and order on application of this Court dated March 7, 2013, 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, Kings County, dated January 15, 2013, 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 application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated January 15, 2013, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

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

JOHN M. LEVENTHAL

Associate Justice