Appellate Division: Second Judicial Department

M310310

/JR

JAMES P. MCCORMACK, J.

2025-14211 The People, etc., respondent, v John Bittrolff, appellant. (Ind. Nos. 1701/2024, 70040/2014)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON APPLICATION

Appeal from an order of the Supreme Court, Suffolk County, dated October 10, 2025, inter alia, issued pursuant to CPL 440.30(1-a). Application by the appellant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from so much of the order as denied that branch of his motion which was 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; the appellant is granted leave to appeal from so much of the order of the Supreme Court, Suffolk County, dated October 10, 2025, as denied that branch of his motion which was pursuant to CPL 440.10, 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 that portion of said order.

JAMES P. MCCORMACK

Associate Justice