PEOPLE v. WELCH

895 KA 11-01667

110 A.D.3d 1453 (2013)

971 N.Y.S.2d 925

2013 NY Slip Op 6458

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELBERT J. WELCH, Appellant.

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

Decided October 4, 2013.


Appeal from an order of the Niagara County Court (Robert C. Noonan, A.J.), dated July 12, 2011. The order denied the application of defendant to be resentenced pursuant to CPL 440.46.

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

Memorandum: Defendant appeals from an order denying his application for resentencing pursuant to CPL 440.46. Contrary to defendant's contentions in his main and pro se supplemental briefs, we conclude...

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