Appellate Division of the Supreme Court of the State of New York November 14, 2012 (People v. Payton)

Miller, J.

(dissenting). I respectfully dissent and vote to reverse the order dated June 7, 2010, grant that branch of the defendant’s motion which was to vacate the judgment of conviction, and dismiss the appeal from the judgment as academic in light of the determination of the appeal from the order.