Opinion
Motion No. CR-24-1767
12-03-2024
THE PEOPLE OF THE STATE OF NEW YORK v. BENJAMIN GARROW, Defendant.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion, pursuant to CPL 460.15, for permission to appeal to this Court from order of Supreme Court, Clinton County, dated September 9, 2024.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to Supreme Court, Clinton County (Keith M. Bruno, J.) to vacate the order dated September 9, 2024 and for a new determination of defendant's CPL 440.10 motion by a different justice (see People v Thornton, 213 A.D.3d 987 [3d Dept 2023]; People v Roshia, 206 A.D.3d 1057 [3d Dept 2022]). It is further
ORDERED that the motion for permission to appeal is referred to Justice Pritzker, who makes the following decision: Motion denied, as academic.
Pritzker, J.P., Lynch, Reynolds Fitzgerald and Powers, JJ., concur.