People v Price
2011 NY Slip Op 04912 [85 AD3d 1612]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


The People of the State of New York, Respondent, v Theodore Price, Appellant.

—[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Shirley A. Gorman of counsel), for defendant-appellant. William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White 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, Onondaga County (John J. Brunetti, A.J.), entered January 18, 2007. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL 440.10.

It is hereby ordered that the order so appealed from is unanimously affirmed for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Peradotto, Lindley, Green and Gorski, JJ.