| People v King |
| 2023 NY Slip Op 02410 [216 AD3d 1410] |
| May 5, 2023 |
| 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 Alvin King, Appellant. (Appeal No. 2.) |
[Vacated, see 2024 NY Slip Op 03932.]
Frank H. Hiscock Legal Aid Society, Syracuse (Susan M. Norman of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Bradley W. Oastler 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 Supreme Court, Onondaga County (Gordon J. Cuffy, A.J.), entered November 17, 2021. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL article 440.
It is hereby ordered that said appeal is dismissed.
Same memorandum as in People v King ([appeal No. 1] 216 AD3d 1400 [4th Dept, May 5, 2023]).
All concur except Ogden, J., who dissents and votes to affirm in accordance with the same dissenting memorandum as in People v King ([appeal No. 1] 216 AD3d 1400 [4th Dept, May 5, 2023]). Present—Peradotto, J.P., Lindley, Bannister, Montour and Ogden, JJ.