Opinion
KA 05-00357.
June 10, 2005.
Appeal from an order of the Monroe County Court (Stephen K. Lindley, A.J.), dated November 1, 2004. The order granted defendant's motion to vacate a judgment of conviction pursuant to CPL 440.10 and granted a new trial.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (KELLY CHRISTINE WOLFORD OF COUNSEL), FOR PLAINTIFF-APPELLANT.
JOSEPH S. DAMELIO, ROCHESTER, FOR DEFENDANT-RESPONDENT.
Before: Martoche, J.P., Smith, Lawton and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed ( see Matter of Eric D. [appeal No. 1], 162 AD2d 1051).