Appellate Division of the Supreme Court of the State of New York June 5, 2003 (People v. Mcknight)

—Lahtinen, J.

Appeals (1) from a judgment of the County Court of Albany County (Breslin, J.), rendered April 24, 1998, upon a verdict convicting defendant of the crimes of murder in the second degree and criminal facilitation in the second degree, and (2) by permission, from an order of said court, entered December 17, 2001, which denied defendant’s motion pursuant to CPL 440.