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PEOPLE v. ROSARIO

Ind. No. 5463/12. Appeal No. 16265. Case No. 2021-01529.

208 A.D.3d 1109 (2022)

175 N.Y.S.3d 30

2022 NY Slip Op 05283

The People of the State of New York, Respondent, v. Fernando Rosario, Also Known as Fernandez Roasario, Appellant.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Labe M. Richman , New York, for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Robin Jeannie Campbell-Urban of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

The court providently exercised its discretion under CPL 440.10(3)(b) in summarily denying defendant's motion, which raised essentially the same grounds and issues that he had unsuccessfully raised on a prior motion (see People v Heywood, 138 A.D.3d 607 [1st Dept 2016], lv denied 28 N.Y.3d 971 [2016]). Initially, we find that the record, viewed...

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