People v Derival, Phylip
Motion No: 2017-00603
Slip Opinion No: 2021 NY Slip Op 60909(U)
Decided on January 27, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275278

E/sl

HECTOR D. LASALLE, J.

2017-00603

The People, etc., respondent,

v Phylip Derival, appellant.

(Ind. No. 2015-00245)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Rockland County, rendered December 5, 2016, which was determined by decision and order of this Court dated March 25, 2020. Motion by the respondent, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from the decision and order of this Court dated March 25, 2020.

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 the decision and order of this Court dated March 25, 2020, 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.

HECTOR D. LASALLE

Associate Justice