People v Castor
2012 NY Slip Op 06664 [99 AD3d 1184]
October 5, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent, v Stacey R. Castor, Appellant. (Appeal No. 2.)

—[*1] Bianco Law Office, Syracuse (Randi Juda Bianco of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell 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 Onondaga County Court (Joseph E. Fahey, J.), dated August 12, 2010. The order denied the motion of defendant pursuant to CPL 440.10 seeking to vacate the judgment convicting her of murder in the second degree, attempted murder in the second degree and offering a false instrument for filing in the first degree.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Onondaga County Court for a hearing on the motion in accordance with the same memorandum as in People v Castor (99 AD3d 1177 [2012]). Present—Scudder, P.J., Smith, Fahey and Peradotto, JJ.