Opinion
KA 00-02675
June 14, 2002.
Appeal from an order of Supreme Court, Cattaraugus County (Martoche, J.), dated October 19, 2000, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of murder in the second degree.
HOWARD K. BRODER, ROCHESTER, FOR DEFENDANT-APPELLANT.
EDWARD M. SHARKEY, DISTRICT ATTORNEY, LITTLE VALLEY, FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., HAYES, HURLBUTT, SCUDDER, AND BURNS, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed for reasons stated in decision at Supreme Court, Cattaraugus County, Martoche, J.