| People v Davis |
| 2019 NY Slip Op 03205 [171 AD3d 1511] |
| April 26, 2019 |
| 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 Kevin J. Davis, II, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Matthew B. Powers 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 (Michael F. Pietruszka, J.), entered February 7, 2018. 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 for reasons stated in the decision at County Court. Present—Centra, J.P., Carni, Lindley, NeMoyer and Troutman, JJ.