Davis v. Lerner

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent to grant the petitioner’s motion pursuant to CPL 440.10 (1) (b) in the matter entitled People v Davis, pending in the Supreme Court, Queens County, under Indictment No. 2363/92, to vacate the judgment of conviction rendered June 10, 1993, which was affirmed by decision and order of this Court dated August 21, 1995 (see, People v Davis, 218 AD2d 748), and application for poor person relief.

Motion by the respondent to dismiss the proceeding.

Ordered that the application for poor person relief…