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People v. Comfort

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JAMES E. COMFORT, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Onondaga County Court (William D. Walsh, J.), entered March 10, 2005. The order denied the motion of defendant pursuant to CPL 440.10 to vacate the judgment convicting him of, inter alia, rape in the first degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., FAHEY, GREEN, AND PINE, JJ.

It is hereby ORDERED that said appeal from the order insofar as it concerned those parts of the judgment convicting defendant of sexual abuse in the third degree under counts 6 and 9 of the indictment is unanimously dismissed and the order is otherwise affirmed.

Same Memorandum as in People v Comfort ([appeal No. 1] ___ AD3d ___ [Mar. 20, 2009]).

20090320

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