People v. Smith

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 (Patricia D. Marks, J.), entered November 5, 2003. The order denied defendant’s motion pursuant to CPL 440.10 (1) (h) to vacate the judgment convicting defendant of criminal possession of a forged instrument in the second degree.

*1082It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from an order denying his motion pursuant to CPL 440.10 (1) (h) seeking to vacate…