People v. Tomaski

OPINION OF THE COURT

Russell P. Buscaglia, J.

The defendant, on June 10, 2010, was charged by this indictment with murder in the second degree (Penal Law § 125.25). A jury trial was conducted. On January 19, 2011, the defendant was convicted of the lesser included offense of manslaughter in the first degree (Penal Law § 125.20). On March 1, 2011, the defendant was sentenced to a 25-year determinate sentence and five years’ postrelease supervision. Thereafter, the defendant moved pursuant to Criminal Procedure Law § 440.10 (1) (h) to vacate the conviction.

The defendant contends that his…