County Court properly denied defendant's CPL 440.10 motion without a hearing. Defendant argues that County Court had no jurisdiction to amend its order erroneously dismissing the ninth count of the indictment against defendant. This issue was raised and decided on defendant's direct appeal to this court and, accordingly, may not form the basis for a posttrial motion (see, CPL 440.10 [2] [a]; People v Skinner,
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PEOPLE v. ROSSNEY
186 A.D.2d 926 (1992)
The People of the State of the New York, Respondent, v. Damian Rossney, Appellant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
October 29, 1992
October 29, 1992
Appellate Division of the Supreme Court of the State of New York, Third Department.
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