Appellate Division: Second Judicial Department

M250286

J/sl

ALAN D. SCHEINKMAN, J.

2018-05005 The People, etc., respondent, v Mario Quesada, also known as Mario Deroche Jose, appellant. (Ind. No. 4723/91)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON APPLICATION

Application by the defendant 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 March 16, 2018, as amended March 20, 2018, 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 application is granted to the extent that the defendant is granted leave to appeal from so much of the order of the Supreme Court, Kings County, dated March 16, 2018, as amended March 20, 2018, as denied the branch of his motion which to renew a prior motion pursuant CPL 440.10, and the application is otherwise denied; and it is further,

CERTIFIED that said portion of the order from which leave to appeal is granted 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 this application are deemed to be a timely notice of appeal from said portion of the order.

ALAN D. SCHEINKMAN

Presiding Justice