People v Washington
2005 NY Slip Op 04939 [19 AD3d 1180]
June 10, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 24, 2005


The People of the State of New York, Appellant, v Jack Washington, Respondent. (Appeal No. 1.)

[*1]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.

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 [1990]). Present—Martoche, J.P., Smith, Lawton and Hayes, JJ.