THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO (2018)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TALIB ALSAIFULLAH, DEFENDANT–APPELLANT. (APPEAL NO. 3.)

KA 15–01012

Decided: June 08, 2018

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, CARNI, AND DEJOSEPH, JJ.

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT–APPELLANT. TALIB ALSAIFULLAH, DEFENDANT–APPELLANT PRO SE. JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judical Department, from an order of the Cayuga County Court (Mark H. Fandrich, A.J.), entered May 20, 2015. The order, inter alia, denied the motion of defendant pursuant to CPL 440.10 to vacate a judgment of conviction.

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

Same memorandum as in People v. Alsaifullah ( [appeal No. 1]—AD3d—[June 8, 2018] [4th Dept 2018] ).

Mark W. Bennett

Clerk of the Court

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