People v Harris

People v Harris 2015 NY Slip Op 05026 Decided on June 12, 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 June 12, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.
711.3 KA 06-02577

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

v

ERIC HARRIS, DEFENDANT-APPELLANT. (APPEAL NO. 3.)

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Seneca County Court (Dennis F. Bender, J.), entered July 31, 2006. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL 440.10.

DAVID J. PAJAK, ALDEN, FOR DEFENDANT-APPELLANT.

BARRY L. PORSCH, DISTRICT ATTORNEY, WATERLOO, FOR RESPONDENT.

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

Same memorandum as in People v Harris ([appeal No. 2] ___ AD3d ___ [June 12, 2015]).

Entered: June 12, 2015

Frances E. Cafarell

Clerk of the Court