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PEOPLE v. PALOMPELLI

2017-13498. Ind. No. 99-00065.

178 A.D.3d 735 (2019)

111 N.Y.S.3d 227

2019 NY Slip Op 08706

The People of the State of New York, Respondent, v. Frank Palompelli, Appellant.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Stephen N. Preziosi , P.C., New York, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Andrew R. Kass of counsel), for respondent.

Dillon, J.P., Duffy, Barros and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed.

The County Court providently exercised its discretion in denying the defendant's motion, inter alia, to vacate his judgment of conviction on the ground that he received ineffective assistance of counsel. On a previous motion that the defendant made pursuant to CPL 440.10, he "was in a position adequately to raise the ground or issue underlying the present motion but did not do so" (CPL 440.10[3][c]; see<...

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