Appellate Division : Second Judicial Department

M236262

E/sl

SANDRA L. SGROI, J.

2017-00613 The People, etc., plaintiff, v Dennis Colon, defendant. (Ind. No. 2518/03)

DECISION & ORDER ON MOTION and CERTIFICATE GRANTING LEAVE TO APPEAL ON APPLICATION

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 an order of the Supreme Court, Kings County, dated November 23, 2016, which was denied by me in a decision and order on application dated May 11, 2017.

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

ORDERED that the motion is granted, the decision and order on application dated May 11, 2017, is recalled and vacated, upon reargument, the defendant's prior application is granted, and the defendant is granted leave to appeal to this Court from the order of the Supreme Court, Kings County, dated November 23, 2016, made in this case; and it is further,

CERTIFIED that the order dated November 23, 2016, 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 the application are deemed to be a timely notice of appeal from said order.

SANDRA L. SGROI

Associate Justice