| People v Xochimitl, Omar |
| Motion No: 2012-11056 |
| Slip Opinion No: 2017 NY Slip Op 88817(U) |
| Decided on October 12, 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. |
Appellate Division: Second Judicial Department
M239272
E/sl
BETSY BARROS, J.
|
2012-11056
The People, etc., respondent, v Omar Xochimitl, appellant. (Ind. No. 2537/10)
| DECISION & ORDER ON MOTION |
Motion by Omar Xochimitl, 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 February 1, 2017, which affirmed a judgment of the Supreme Court, Kings County, rendered November 27, 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 February 1, 2017, 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.
BETSY BARROS
Associate Justice