| People v Barrett |
| 2020 NY Slip Op 06900 [188 AD3d 1739] |
| November 20, 2020 |
| 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 Brian T. Barrett, Appellant. (Appeal No. 2.) |
Reeve Brown PLLC, Rochester (Guy A. Talia of counsel), for defendant-appellant.
Gregory J. McCaffrey, District Attorney, Geneseo (Joshua J. Tonra 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 Livingston County Court (Robert B. Wiggins, J.), dated November 26, 2014. The order denied defendant's motion pursuant to CPL 440.10 to vacate a judgment of conviction.
It is hereby ordered that said appeal is unanimously dismissed.
Same memorandum as in People v Barrett ([appeal No. 1] 188 AD3d 1736 [4th Dept 2020]). Present—Centra, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.