People v Owens

People v Owens 2010 NY Slip Op 01264 [70 AD3d 1471] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

The People of the State of New York, Respondent, v Robbie D. Owens, Appellant. (Appeal No. 2.)

—[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for defendant-appellant. Robbie D. Owens, defendant-appellant pro se.

William J. Fitzpatrick, District Attorney, Syracuse (Brenton P. Dadey 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 (John J. Brunetti, A.J.), entered April 10, 2008. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment in appeal No. 1.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Same memorandum as in People v Owens (70 AD3d 1469 [2010]). Present—Scudder, P.J., Centra, Fahey, Carni and Pine, JJ.