People v Brown
2009 NY Slip Op 08386 [67 AD3d 1428]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


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

—[*1] Kristin F. Splain, Conflict Defender, Rochester (William G. Pixley of counsel), for defendant-appellant.

Jermaine Brown, defendant-appellant pro se.

Michael C. Green, District Attorney, Rochester (Wendy Evans Lehmann 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, Monroe County (Stephen R. Sirkin, A.J.), entered January 5, 2006. The order denied the motion of defendant pursuant to CPL 440.10 to vacate the judgment of conviction in appeal No. 1.

It is hereby ordered that the order so appealed from is unanimously affirmed. Present—Martoche, J.P., Smith, Fahey, Carni and Pine, JJ.