| People v Osman |
| 2019 NY Slip Op 05908 [174 AD3d 1492] |
| July 31, 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 Nicholas Osman, Appellant. (Appeal No. 3.) |
Thomas Theophilos, Buffalo, for defendant-appellant.
Patrick E. Swanson, District Attorney, Mayville (John C. Zuroski 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 Chautauqua County Court (James F. Bargnesi, A.J.), dated August 12, 2016. 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 Osman ([appeal No. 1] 174 AD3d 1477 [4th Dept 2019]). Present—Centra, J.P., Peradotto, Lindley, Troutman and Winslow, JJ.