People v Pil-Yong Yoo
Motion No: 2020-08011
Slip Opinion No: 2021 NY Slip Op 63049(U)
Decided on March 15, 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

M276029

SL/

MARK C. DILLON, J.

2020-08011

The People, etc., respondent,

v Pil-Yong Yoo, appellant.

(SCI No. 2287-2017)

DECISION, ORDER AND CERTIFICATE
GRANTING LEAVE TO APPEAL
ON APPLICATION

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 County Court, Suffolk County, dated April 30, 2020, which was denied by a Justice of this Court in a decision and order on application dated December 16, 2020.

Upon the papers filed in support of the application 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 December 16, 2020, is recalled and vacated, upon reargument, the application is granted, and the defendant is granted leave to appeal from the order of the County Court, Suffolk County, dated April 30, 2020, made in this case; and it is further,

CERTIFIED that said order 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 order; and it is further,

ORDERED that the motion is otherwise denied.

MARK C. DILLON

Associate Justice