People v Pope
2004 NY Slip Op 03316 [6 AD3d 1128]
April 30, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 30, 2004


The People of the State of New York, Respondent, v Darnell Pope, Appellant. (Appeal No. 2.)

[*1]Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered February 6, 2001. The order denied the motion of defendant pursuant to CPL 440.10 to vacate his judgment of conviction.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v Pope (6 AD3d — [2004]). Present—Wisner, J.P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.