PEOPLE v. MAGGIO

2021-03145.

210 A.D.3d 798 (2022)

178 N.Y.S.3d 153

2022 NY Slip Op 06262

The People of the State of New York, Appellant, v. Christopher Maggio, Respondent.

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

Decided November 9, 2022.


Attorney(s) appearing for the Case

Raymond A. Tierney , District Attorney, Riverhead, NY ( Alfred J. Croce and Thomas C. Costello of counsel), for appellant.

Barket Epstein Kearon Aldea & LoTurco, LLP, Garden City, NY ( Donna Aldea and Danielle Muscatello of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Zayas and Genovesi, JJ., concur.


Appeal by the People from an order of the Supreme Court, Suffolk County (Timothy P. Mazzei, J.), dated March 22, 2021, which granted, without a hearing, the defendant's motion pursuant to CPL 440.10 to vacate a judgment of the same court (James Hudson, J.) rendered April 6, 2010, convicting him of driving while intoxicated in violation of Vehicle and Traffic Law § 1192(3), upon his plea of guilty, and imposing sentence.

Ordered that the order is reversed, on...

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