Opinion
KA 00-01571
March 21, 2003.
Appeal from an order of Monroe County Court (Sirkin, J.), entered October 18, 1996, which denied the motion of defendant pursuant to CPL 440.10 to vacate his judgment of conviction.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (KATHLEEN McDONOUGH OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (PATRICK H. FIERRO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.
Same Memorandum as in People v. Crisler ([appeal No. 1] 303 A.D.2d 948 [Mar. 21, 2003]).