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The People of the State of New York v. James T. Tamburrino

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


December 30, 2009

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JAMES T. TAMBURRINO,
DEFENDANT-APPELLANT.

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.

1587

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, AND CARNI, JJ.

ORDER

(APPEAL NO. 2.)

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).

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

Patricia L. Morgan Clerk of the Court

20091230

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