People v. Thompson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal, by permission, from an order of the County Court of Schenectady County (Giardino, J.), entered August 11, 2006, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of murder in the second degree, without a hearing.
In 1992, defendant was convicted of depraved indifference *884murder in the second degree and sentenced to nine years to life in prison. This Court affirmed that conviction in 1996 (233 AD2d 755 [1996], lv denied 89 NY2d 1102 [1997]). In 2006, County Court denied defendant’s second CPL 440.10 motion to vacate the judgment of…
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