People v. Kurkowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1443Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department from an order of the Erie County Court (Thomas E Franczyk, J), dated July 13, 2012. The order denied the motion of defendant to vacate the judgment of conviction pursuant to CPL 440.10.
It is hereby ordered that the order so appealed from is unanimously affirmed.
Memorandum: Defendant was convicted following a nonjury trial of assault in the second degree (Penal Law § 120.05 [4]), and the judgment of conviction was affirmed on appeal (People v Kurkowski, 83 AD3d 1595 [2011], lv…
2Cases cited13 opinions
- People v. BaldiNew York Court of Appeals · 1981
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- People v. HobotNew York Court of Appeals · 1995
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