People v. Lard

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Erie County Court (Sheila A. DiTullio, J.), entered November 26, 2008. The order denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of attempted assault in the first degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals, with permission of a Justice of this Court, from an order denying his CPL 440.10…