People of State of New York v Hector M. Recinos
Motion No: 2020-00762 ROCR
Slip Opinion No: 2020 NY Slip Op 73212(U)
Decided on October 13, 2020
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON APPLICATION

2015-283
2020-762 RO CR
The People of the State of New York, Plaintiff, v Hector M. Recinos, Defendant.

Application by defendant, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from so much of an order of the Justice Court of the Village of Spring Valley, Rockland County, entered July 27, 2020, as denied the branch of a motion by appellant seeking relief pursuant to CPL 440.10, 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 and defendant is granted leave to appeal from so much of an order of the Justice Court of the Village of Spring Valley, Rockland County, entered July 27, 2020, as denied the branch of the motion seeking relief pursuant to CPL 440.10; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Term, 9th and 10th Judicial Districts; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

ENTER:

Thomas A. Adams

Presiding Justice