People v Leonard
2015 NY Slip Op 05315 [129 AD3d 1596]
June 19, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2015


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 The People of the State of New York, Respondent, v Richard M. Leonard, Appellant. (Appeal No. 2.)

Easton Thompson Kasperek Shiffrin LLP, Rochester (Brian Shiffrin of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Robert J. Shoemaker 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 Monroe County Court (James J. Piampiano, J.), entered January 29, 2014. The order denied the motion of defendant seeking to vacate the 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 Leonard ([appeal No. 1] 129 AD3d 1592 [2015]). Present—Centra, J.P., Carni, Sconiers, Valentino and Whalen, JJ.