People v Dealmeida
2015 NY Slip Op 00170 [124 AD3d 1408]
January 2, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 4, 2015


[*1]
 The People of the State of New York, Respondent, v Jose Dealmeida, Appellant. (Appeal No. 2.)

Labe M. Richman, New York City, for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Appeal from an order of the Supreme Court, Oneida County (Barry M. Donalty, A.J.), dated November 15, 2013. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL article 440.

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in People v Dealmeida ([appeal No. 1] 124 AD3d 1405 [2015]). Present—Centra, J.P., Fahey, Lindley, Sconiers and Whalen, JJ.