People v. Bartholomew

*699OPINION OF THE COURT

Martin E. Smith, J.

The defendant appeals from the decision and order denying a motion pursuant to Criminal Procedure Law article 440 entered in the City of Binghamton Court (Lehmann, J.) on July 10, 2009. On August 7, 2009, the defendant applied to this court for leave to appeal. On March 19, 2010, this court issued an order and certificate granting leave to appeal and the defendant was directed to take the appeal consistent with the provisions of Criminal Procedure Law § 460.10. The defendant served a notice of appeal on City Court and the District Attorney on March 25,…