People v Abuhamra
2013 NY Slip Op 04922 [107 AD3d 1632]
June 28, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


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

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (Timothy P. Murphy of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Nicholas T. Texido 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 Erie County Court (Thomas P. Franczyk, J.), dated June 5, 2012. 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.

Same memorandum as in People v Abuhamra (107 AD3d 1630 [2013]). Present—Scudder, P.J., Peradotto, Lindley and Sconiers, JJ.