Opinion
No. KA 08-00997.
December 30, 2009.
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 (Michael L. Dwyer, J.), entered April 14, 2008. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of use of a child in a sexual performance, attempted use of a child in a sexual performance, possessing a sexual performance by a child and' endangering the welfare of a child (two counts).
IRVING COHEN, NEW YORK CITY, FOR DEFENDANT-APPELLANT.
SCOTT D. McNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.
Present: Hurlbutt, J.P., Smith, Fahey and Carni, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed.