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PEOPLE v. COMFORT

967 KA 12-02377.

165 A.D.3d 1608 (2018)

85 N.Y.S.3d 654

2018 NY Slip Op 06651

The People of the State of New York, Respondent, v. James E. Comfort, Appellant. (Appeal No. 1.)

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

Decided October 5, 2018.

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

Memorandum: In appeal No. 1, defendant appeals by permission of this Court from that part of an order that denied his motion pursuant to CPL 440.10 seeking to vacate the judgment convicting him upon a jury verdict of, inter alia, rape in the first degree (Penal Law § 130.35 [1]; see CPL 450.15 [1]). In appeal No. 2, defendant appeals as of right from that part of the same order...

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