Majority
p. 1612The People of the State of New York, Respondent, v Theodore Price, Appellant. [924 NYS2d 908]
Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), entered January 18, 2007. 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 for reasons stated in the decision at Supreme Court. Present — Scudder, P.J., Peradotto, Lindley, Green and Gorski, JJ.