People of State of New York v Guriqbal Singh
Motion No: 2022-00926 QCR
Slip Opinion No: 2023 NY Slip Op 72804(U)
Decided on August 23, 2023
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 2nd, 11th & 13th Judicial Districts

WAVNY TOUSSAINT, P.J.

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON APPLICATION

2022-926 Q CR
The People of the State of New York, Plaintiff, v Guriqbal Singh, Defendant.

Application by defendant, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from an order of the Criminal Court of the City of New York, Queens County, dated November 1, 2022, 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 so much of the application as seeks leave to appeal from so much of the order as denied the branch of the motion seeking to reargue a prior motion is denied; and it is further,

ORDERED that so much of the application as seeks leave to appeal from so much of the order as denied the branch of the motion seeking, in effect, to vacate the judgment of conviction pursuant to CPL 440.10 is granted; and it is further,

CERTIFIED that said portion of the order involves questions of law or fact which ought to be reviewed by the Appellate Term, 2d, 11th and 13th Judicial Districts; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from so much of said order as denied the branch of the motion seeking, in effect, to vacate the judgment of conviction pursuant to CPL 440.10.

ENTER:

Wavny Toussaint

Presiding Justice