PEOPLE v. COSBY

KA 06-03311.

82 A.D.3d 63 (2011)

916 N.Y.S.2d 689

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PIERRE D. COSBY, Appellant. (Appeal No. 1.)

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

Decided February 10, 2011.


Attorney(s) appearing for the Case

Linda M. Campbell , Syracuse, for defendant-appellant.

William J. Fitzpatrick , District Attorney, Syracuse ( Victoria M. White of counsel), for respondent.

LINDLEY, SCONIERS, GREEN and GORSKI, JJ., concur.


OPINION OF THE COURT

CENTRA, J.P.

I

In appeal No. 1, defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree (Penal Law § 130.35 [1]) and two counts of menacing in the second degree (Penal Law § 120.14 [1]). In appeal No. 2, defendant appeals with permission of a Justice of this Court from an order denying his CPL 440.10 motion to vacate the judgment of conviction in appeal No. 1. The primary issue...

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