Appellate Division Justice Rolando T. Acosta (See Profile) was expected yesterday to grant the Bronx District Attorney’s Office leave to take to the state Court of Appeals a decision finding the merged criminal court in the Bronx unconstitutional, several sources said.
The Office of Court Administration, which had submitted an amicus brief to the Appellate Division, First Department, People v. Correa, 51080C/05, had asked Justice Acosta, who dissented from the Tuesday decision, for a stay pending appeal, but he had not ruled as of press time.
