Opinion
2017-13498 Ind. No. 99-00065
12-04-2019
The PEOPLE, etc., respondent, v. Frank PALOMPELLI, appellant.
Stephen N. Preziosi, P.C., New York, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass, White Plains, of counsel), for respondent.
Stephen N. Preziosi, P.C., New York, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass, White Plains, of counsel), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the order is affirmed.
The County Court providently exercised its discretion in denying the defendant's motion, inter alia, to vacate his judgment of conviction on the ground that he received ineffective assistance of counsel. On a previous motion that the defendant made pursuant to CPL 440.10, he "was in a position adequately to raise the ground or issue underlying the present motion but did not do so" ( CPL 440.10[3][c] ; see CPL 440.30[2] ).
DILLON, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.