People v Kates, 2018 NY Slip Op 04465 [162 AD3d 1633]

June 15, 2018

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Alexander Kates, Appellant. (Appeal No. 2.)

Catherine H. Josh, Rochester, for defendant-appellant.

Alexander Kates, defendant-appellant pro se.

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 (Douglas A. Randall, J.), entered August 19, 2016. The order, inter alia, denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of kidnapping in the second degree.

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

Same memorandum as in People v Kates ([appeal No. 1] 162 AD3d 1627 [4th Dept 2018]). Present—Whalen, P.J., Centra, Peradotto, Troutman and Winslow, JJ..