Appellate Division of the Supreme Court of the State of New York May 1, 2015 (People v. Carr)

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Erie County (M. William Boiler, A.J.), dated February 21, 2012. The order denied the motion of defendant pursuant to CPL 440.10.

It is hereby ordered that the order so appealed from is unanimously affirmed.