People v Harris
2015 NY Slip Op 05026 [129 AD3d 1526]
June 12, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2015


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 The People of the State of New York, Respondent, v Eric Harris, Appellant. (Appeal No. 3.)

David J. Pajak, Alden, for defendant-appellant.

Barry L. Porsch, District Attorney, Waterloo, 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 Seneca County Court (Dennis F. Bender, J.), entered July 31, 2006. 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 Harris ([appeal No. 2] 129 AD3d 1522 [2015]). Present—Scudder, P.J., Carni, Sconiers, Valentino and Whalen, JJ.