People v. Payton

I respectfully dissent and vote to reverse the order dated June 7, 2010, grant that branch of the defendant’s motion which was to vacate the judgment of conviction, and dismiss the appeal from the judgment as academic in light of the determination of the appeal from the order.

The defendant was arrested on April 6, 2007, and later charged with one count of robbery in the second degree. On June 20, 2007, pursuant to County Law article 18-B, an attorney (hereinafter trial counsel) was assigned to represent him in his defense. The prosecution of the defendant’s case was handled by the Office of…