People v Dealmeida

People v Dealmeida 2015 NY Slip Op 00170 Decided on January 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.
1451 KA 13-02188

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

JOSE DEALMEIDA, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Oneida County (Barry M. Donalty, A.J.), dated November 15, 2013. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL article 440.

LABE M. RICHMAN, NEW YORK CITY, FOR DEFENDANT-APPELLANT.

SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.

It is hereby ORDERED that said appeal is unanimously dismissed.

Same Memorandum as in People v Dealmeida ([appeal No. 1] ___ AD3d ___ [Jan. 2, 2015]).

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court