Appellate Division: Second Judicial Department

M269621

E/sl

JOHN M. LEVENTHAL, J.

2019-08030 The People, etc., respondent, v Earl Jefferson, appellant. (Ind. No. 4284/91)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL

Motion by the defendant, inter alia, 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 May 30, 2019, which was denied by me in a decision and order on motion dated October 29, 2019.

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

ORDERED that the branch of the motion which is for leave to reargue is granted, the decision and order on motion dated October 29, 2019, that denied the defendant's application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated May 30, 2019, is recalled and vacated, upon reargument, the defendant's application is granted, and the defendant is granted leave to appeal from the order dated May 30, 2019, made in this case; and it is further,

CERTIFIED that the order dated May 30, 2019, 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 the order dated May 30, 2019; and it is further,

ORDERED that the motion is otherwise denied as academic.

JOHN M. LEVENTHAL

Associate Justice