People v Osman

People v Osman 2019 NY Slip Op 05908 Decided on July 31, 2019 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 July 31, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
527 KA 16-01536

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

v

NICHOLAS OSMAN, DEFENDANT-APPELLANT. (APPEAL NO. 3.)

THOMAS THEOPHILOS, BUFFALO, FOR DEFENDANT-APPELLANT.

PATRICK E. SWANSON, DISTRICT ATTORNEY, MAYVILLE (JOHN C. ZUROSKI 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 Chautauqua County Court (James F. Bargnesi, A.J.), dated August 12, 2016. 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 Osman ([appeal No. 1] — AD3d — [July 31, 2019] [4th Dept 2019]).

Entered: July 31, 2019

Mark W. Bennett

Clerk of the Court