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JOHNSON v. STATE

508463.

77 A.D.3d 1034 (2010)

909 N.Y.S.2d 554

JOHNATHAN JOHNSON, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 14, 2010.

Mercure, J.

In February 2009, claimant, a prison inmate, allegedly sought permission to file a CPL 440.10 motion seeking to vacate his underlying judgment of conviction.* According to claimant, although he was assured by court personnel that his request had been forwarded to the appropriate authority, he subsequently learned that his motion had been denied due to his failure to obtain the requisite prior approval. Claimant then filed this...

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