Opinion
No. KA 09-01036.
February 10, 2011.
APPEAL from an order of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), entered May 14, 2009. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment that convicted him of rape in the first degree and menacing in the second degree (two counts).
Linda M. Campbell, Syracuse, for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse ( Victoria M. White of counsel), for respondent.
Before: LINDLEY, SCONIERS, GREEN and GORSKI, JJ.
OPINION OF THE COURT
Same opinion by CENTRA, J.P., as in People v Cosby ( 82 AD3d 63).
It is hereby ordered that the order so appealed from is unanimously affirmed.