| People v Franklin |
| 2022 NY Slip Op 03620 [206 AD3d 1618] |
| June 3, 2022 |
| 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 Gregory Franklin, Appellant. (Appeal No. 2.) |
Anthony F. Brigano, Utica, for defendant-appellant.
Scott D. McNamara, District Attorney, Utica (Evan A. Esswein 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 Oneida County Court (Robert Bauer, J.), dated May 20, 2019. 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 Franklin ([appeal No. 1] 206 AD3d 1610 [4th Dept 2022]). Present—Centra, J.P., Peradotto, Lindley, Curran and Bannister, JJ.