The People v. Boris Brown

State of New York MEMORANDUM Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports. No. 23 The People &c., Respondent, v. Boris Brown, Appellant. David J. Klem, for appellant. Sylvia Wertheimer, for respondent. MEMORANDUM: The order of the Appellate Division should be modified in accordance with this memorandum and, as so modified, affirmed. The Appellate Division properly affirmed the judgment of conviction, however, a hearing is required on the CPL 440.10 motion. -1- -2- No. 23 In the early morning hours of October 3, 2010,…