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People v Coley, 2024 NY Slip Op 03293 [228 AD3d 1343]

June 14, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Appellant,

v

Jesse Coley, Respondent.

Sandra Doorley, District Attorney, Rochester (Martin P. McCarthy, II, of counsel), for appellant.

Julie Cianca, Public Defender, Rochester, Sullivan & Cromwell LLP, New York City (Zoeth M. Flegenheimer of counsel), for defendant-respondent.

Appeal from an order of the Monroe County Court (Karen Bailey Turner, J.), entered April 7, 2023. The order granted defendant’s motion to vacate his judgment of conviction pursuant to CPL 440.10 (1) (h).

It is hereby ordered that the order so appealed from is unanimously affirmed for reasons stated in the decision at County Court. Present—Smith, J.P., Curran, Montour, Nowak and DelConte, JJ..