(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 May 14, 2009. The order denied the motion of defendant to vacate his conviction pursuant to CPL 440.10.
The opinion of the court was delivered by: Centra, J.
Decided on February 10, 2011
Appellate Division, Fourth Department 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: CENTRA, J.P., LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed.
Same Opinion by Centra, P.J., as in People v Cosby ([appeal No. 1] ___ AD3d ___ [Feb. 10, 2011]).
LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ., concur.
Entered: February 10, 2011
Patricia L. Morgan Clerk of the Court
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