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PEOPLE v. MEDINA

Ind No. 3166/14. Appeal No. 14305-14305A. Case No. 2017-01837.

198 A.D.3d 442 (2021)

152 N.Y.S.3d 570

2021 NY Slip Op 05399

The People of the State of New York, Respondent, v. Arturo Medina, Appellant.

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

Decided October 7, 2021.

Attorney(s) appearing for the Case

Justin C. Bonus , Forest Hills, for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jared Wolkowitz of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, JJ.

The court providently exercised its discretion in summarily denying defendant's CPL 440.10 motion to vacate the judgment because it raised grounds that defendant either had raised, or was in an adequate position to have raised, in his prior such motion (see CPL 440.10[3][b], [c]). To the extent defendant is arguing that the prior motion should have been granted, or that a justice of this Court should have granted leave to...

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