PEOPLE v. BACKUS

642 KA 14-02078

129 A.D.3d 1621 (2015)

14 N.Y.S.3d 241

2015 NY Slip Op 05330

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CODY BACKUS, Respondent.

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

Decided June 19, 2015.


Appeal from an order of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), dated March 19, 2014. The order granted the motion of defendant to vacate a judgment of conviction pursuant to CPL 440.10.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motion is denied, and the judgment of conviction is reinstated.

Memorandum: The People appeal from an order granting defendant's motion pursuant to CPL 440.10...

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