NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
February 11, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ROBBIE D. OWENS, 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 Supreme Court, Onondaga County (John J. Brunetti, A.J.), entered April 10, 2008. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment in appeal No. 1.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010
It is hereby ordered that the order so appealed from is unanimously affirmed.
Same memorandum as in People v Owens (70 AD3d 1469 ).
Present--Scudder, P.J., Centra, Fahey, Carni and Pine, JJ.
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