| People v Tamburrino |
| 2009 NY Slip Op 09871 [68 AD3d 1764] |
| December 30, 2009 |
| 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 James T. Tamburrino, Appellant. (Appeal No. 2.) |
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Scott D. McNamara, District Attorney, Utica (Steven G. Cox 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 Oneida County Court (Michael L. Dwyer, J.), entered April 14, 2008. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of use of a child in a sexual performance, attempted use of a child in a sexual performance, possessing a sexual performance by a child and endangering the welfare of a child (two counts).
It is hereby ordered that the order so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Smith, Fahey and Carni, JJ.