| People v Neulander |
| 2018 NY Slip Op 04926 [162 AD3d 1771] |
| June 29, 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 M. Robert Neulander, Appellant. (Appeal No. 2.) |
Shapiro Arato LLP, New York City (Alexandra A.E. Shapiro 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 (Thomas J. Miller, J.), dated June 27, 2016. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL 440.10.
It is hereby ordered that said appeal is dismissed.
Same memorandum as in People v Neulander ([appeal No. 1] 162 AD3d 1763 [4th Dept 2018]).
All concur except Smith and Winslow, JJ., who dissent and vote to affirm in accordance with the same dissenting memorandum as in People v Neulander ([appeal No. 1] 162 AD3d 1763 [4th Dept 2018]). Present—Whalen, P.J., Smith, Carni, Curran and Winslow, JJ.