Opinion
1127 KA 21-00328
02-04-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MAJIER ABERGUT, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
BRADLEY E. KEEM, SYRACUSE, FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.
BRADLEY E. KEEM, SYRACUSE, FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND BANNISTER, JJ.
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 (Matthew J. Doran, J.), dated February 22, 2021. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL 440.10.
It is hereby ORDERED that the order so appealed from is unanimously affirmed.
Same memorandum as in People v Abergut ([appeal No. 1] ___ A.D.3d ___ [Feb. 4, 2022] [4th Dept 2022]).