| People v Wilson |
| 2018 NY Slip Op 04232 [162 AD3d 1591] |
| June 8, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Michael Wilson, Appellant. (Appeal No. 1.) |
D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of counsel), for defendant-appellant.
Michael Wilson, defendant-appellant pro se.
William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White 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 Onondaga County Court (Donald E. Todd, A.J.), dated February 17, 2012. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of rape in the first degree, predatory sexual assault against a child and endangering the welfare of a child.
It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Onondaga County Court for a hearing pursuant to CPL 440.30 (5) in accordance with the same memorandum as in People v Wilson ([appeal No. 2] 162 AD3d 1591 [4th Dept 2018]). Present—Whalen, P.J., Carni, Lindley, DeJoseph and Winslow, JJ.