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People v. Tamburrino

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


December 30, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JAMES T. TAMBURRINO, 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 Oneida County Court (Michael L. Dwyer, J.), entered April 14, 2008. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of use of a child in a sexual performance, attempted use of a child in a sexual performance, possessing a sexual performance by a child and endangering the welfare of a child (two counts).

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

As corrected through Wednesday, February 10, 2010

It is hereby ordered that the order so appealed from is unanimously affirmed.

Present---Hurlbutt, J.P., Smith, Fahey and Carni, JJ.

20091230

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