Appellate Division of the Supreme Court of the State of New York November 10, 2005, Appeal No. 2 (People v. Torturica)

*1041Appeal from a judgment of the Jefferson County Court (Lee Clary, J.), rendered March 8, 1991. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and petit larceny.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from an order denying his CPL 440.