Appellate Division of the Supreme Court of New York, 2023

People v. King

People v. King
Appellate Division of the Supreme Court of New York · Decided May 5, 2023
2023 NY Slip Op 02410
People v. King

Opinion

People v King (2023 NY Slip Op 02410)
People v King
2023 NY Slip Op 02410
Decided on May 5, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on May 5, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, BANNISTER, MONTOUR, AND OGDEN, JJ.

95 KA 21-01800

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

ALVIN KING, DEFENDANT-APPELLANT. (APPEAL NO. 2.)




FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SUSAN M. NORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.



Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Onondaga County (Gordon J. Cuffy, A.J.), entered November 17, 2021. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL article 440.

It is hereby ORDERED that said appeal is dismissed.

Same memorandum as in People v King ([appeal No. 1] — AD3d — [May 5, 2023] [4th Dept 2023]).

All concur except Ogden, J., who dissents and votes to affirm in accordance with the same dissenting memorandum as in People v King ([appeal No. 1]) — AD3d — [May 5, 2023] [4th Dept 2023]).

Entered: May 5, 2023

Ann Dillon Flynn

Clerk of the Court



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