People v. Pressley

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant appeals from an order of the Appellate Division which affirmed an order of County Court that denied defendant’s motion under CPL 440.10 to set aside his conviction of murder in the second degree (Penal Law § 125.25 [2]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]).

The People concede that they failed to provide a record of judgment of conviction of a witness called by the People at trial (see, CPL 240.45 [1] Do]). In addition, the People concede that the witness…