People v Mosley
2008 NY Slip Op 08789 [56 AD3d 1141]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


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

—[*1] Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), for defendant-appellant.

Kevin Mosley, defendant-appellant pro se.

David W. Foley, District Attorney, Mayville (Tracey A. Brunecz 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 Chautauqua County Court (John T. Ward, J.), entered August 6, 2007. The order denied the motion of defendant for leave to renew his motion pursuant to CPL 440.10.

It is hereby ordered that the order so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.