| People v Everson |
| 2018 NY Slip Op 00715 [158 AD3d 1123] |
| February 2, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Shawndell Everson, Appellant. (Appeal No. 2.) |
Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott 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 Onondaga County Court (Thomas J. Miller, J.), dated September 28, 2015. 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 Everson ([appeal No. 1] 158 AD3d 1119 [2018]). Present—Smith, J.P., Carni, Curran and Winslow, JJ.