People v Francis, Eugene
Motion No: 2012-05765
Slip Opinion No: 2016 NY Slip Op 63807(U)
Decided on February 9, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M206153

E/sl

RUTH C. BALKIN, J.

2012-05765

The People, etc., respondent,

v Eugene Francis, appellant.

(Ind. No. 11-00329)

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 October 21, 2015, which affirmed a judgment of the Supreme Court, Westchester County, rendered May 2, 2012.

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

ORDERED that leave to appeal to the Court of Appeals from the decision and order of this Court dated October 21, 2015, in the above-entitled case is granted; in my opinion, a question of law has arisen, which ought to be reviewed by the Court of Appeals.

RUTH C. BALKIN

Associate Justice