THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. THOMAS SIMCOE DEFENDANT APPELLANT (2016)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. THOMAS B. SIMCOE, DEFENDANT–APPELLANT.

KA 12–01682

Decided: February 11, 2016

PRESENT: SMITH, J.P, PERADOTTO, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY–JEAN BOWMAN OF COUNSEL), FOR DEFENDANT–APPELLANT. THOMAS B. SIMCOE, DEFENDANT–APPELLANT PRO SE. MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Niagara County Court (Sara S. Farkas, J.), dated August 8, 2012. The order denied defendant's motion pursuant to CPL 440.10 to vacate a judgment of conviction.

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

We have reviewed the contentions advanced by defendant in his pro se supplemental brief and conclude that they lack merit.

Frances E. Cafarell

Clerk of the Court

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