Opinion
No. 309 KA 19-01187
06-03-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GREGORY FRANKLIN, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
ANTHONY F. BRIGANO, UTICA, FOR DEFENDANT-APPELLANT. SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (EVAN A. ESSWEIN OF COUNSEL), FOR RESPONDENT.
ANTHONY F. BRIGANO, UTICA, FOR DEFENDANT-APPELLANT.
SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (EVAN A. ESSWEIN OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, 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 Oneida County Court (Robert Bauer, J.), dated May 20, 2019. 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 Franklin ([appeal No. 1] __ A.D.3d __ [] [4th Dept 2022]).