Appellate Division: Second Judicial Department

M188509

jr/

L. PRISCILLA HALL, J.

2009-03640, 2009-03642 The People, etc., plaintiff, v Comfort Pinckney, defendant. (Ind. No. 1497/00)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to reargue his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from two orders of the Supreme Court, Queens County, dated June 10, 2008, and March 24, 2009, which was denied by me in a decision and order on application dated June 9, 2009.

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 it is further,

ODERED that upon reargument the decision and order on application dated June 9, 2009, 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 two orders of the Supreme Court, Queens County, dated June 10, 2008, and March 24, 2009, respectively, 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 dated June 10, 2008, 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 that order; and it is further,

ORDERED that the application is otherwise denied.

L. PRISCILLA HALL

Associate Justice