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PEOPLE v. COLE

113556.

217 A.D.3d 1185 (2023)

191 N.Y.S.3d 773

2023 NY Slip Op 03376

The People of the State of New York, Respondent, v. John W. Cole, Appellant.

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

Decided June 22, 2023.

Attorney(s) appearing for the Case

The Kindlon Law Firm, PLLC, Albany (Terence L. Kindlon of counsel), for appellant.

Karen A. Heggen, District Attorney, Ballston Spa (John B. Latella III of counsel), for respondent.

Lynch, J.P., Aarons and McShan, JJ., concur.

Appeal, by permission, from an order of the County Court of Saratoga County (Chad W. Brown, J.), entered June 13, 2022, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crimes of assault in the second degree, driving while ability impaired and reckless driving, without a...

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