People v Smart, Andrew
Motion No: 2012-10161
Slip Opinion No: 2017 NY Slip Op 60479(U)
Decided on January 6, 2017
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

M221990

E/sl

CHERYL E. CHAMBERS, J.

2012-10161

The People, etc., respondent,

v Andrew Smart, appellant.

(Ind. No. 3440/11)

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 August 3, 2016, which affirmed a judgment of the Supreme Court, Kings County, rendered November 7, 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 a decision and order of this Court dated August 3, 2016, 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.

CHERYL E. CHAMBERS

Associate Justice