Opinion
527 KA 16–01536
07-31-2019
The PEOPLE of the State of New York, Respondent, v. Nicholas OSMAN, Defendant–appellant. (APPEAL NO. 3.)
THOMAS THEOPHILOS, BUFFALO, FOR DEFENDANT–APPELLANT. PATRICK E. SWANSON, DISTRICT ATTORNEY, MAYVILLE (JOHN C. ZUROSKI OF COUNSEL), FOR RESPONDENT.
THOMAS THEOPHILOS, BUFFALO, FOR DEFENDANT–APPELLANT.
PATRICK E. SWANSON, DISTRICT ATTORNEY, MAYVILLE (JOHN C. ZUROSKI OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Chautauqua County Court (James F. Bargnesi, A.J.), dated August 12, 2016. 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. Osman ( [Appeal No. 1], ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 WL 3438447 [July 31, 2019] [4th Dept. 2019] ).