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. M. ROBERT NEULANDER, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 16–01293

Decided: June 29, 2018

PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND WINSLOW, JJ.

SHAPIRO ARATO LLP, NEW YORK CITY (ALEXANDRA A.E. SHAPIRO OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL 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 Onondaga County Court (Thomas J. Miller, J.), dated June 27, 2016. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL 440.10.

It is hereby ORDERED that said appeal is dismissed.

Same memorandum as in People v. Neulander ( [appeal No. 1]—AD3d—[June 29, 2018] [4th Dept 2018] ).

All concur except Smith and Winslow, JJ., who dissent and vote to affirm in accordance with the same dissenting memorandum as in People v. Neulander ( [appeal No. 1]—AD3d—[June 29, 2018] [4th Dept 2018] ).

Mark W. Bennett

Clerk of the Court

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