People v Lovette, 2020 NY Slip Op 06893 [188 AD3d 1729]

November 20, 2020

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Raymond Lovette, Jr., Appellant. (Appeal No. 2.)

Timothy P. Donaher, Public Defender, Rochester (Benjamin L. Nelson of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Monroe County Court (Christopher S. Ciaccio, J.), entered April 11, 2018. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL 440.10.

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

Same memorandum as in People v Lovette ([appeal No. 1] 188 AD3d 1726 [4th Dept 2020]). Present—Smith, J.P., NeMoyer, Curran, Troutman and DeJoseph, JJ..