| People v Lundy |
| 2019 NY Slip Op 09140 [178 AD3d 1391] |
| December 20, 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 Quincy Lundy, Appellant. (Appeal No. 2.) |
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Kenneth H. Tyler, Jr., 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.), entered August 3, 2017. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL article 440.
It is hereby ordered that the order so appealed from is unanimously affirmed.
Same memorandum as in People v Lundy ([appeal No. 1] 178 AD3d 1389 [4th Dept 2019]). Present—Centra, J.P., Carni, Curran, Troutman and Winslow, JJ.