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PEOPLE v. DIRSCHBERGER

CR-23-0424.

230 A.D.3d 876 (2024)

2024 NY Slip Op 04166

The People of the State of New York, Respondent. v. Albert Dirschberger, Appellant.

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

Decided August 8, 2024.

Attorney(s) appearing for the Case

Aidala Bertuna & Kamins, PC, New York City (Barry Kamins of counsel), for appellant.

P. David Soares, District Attorney, Albany (Emily Schultz of counsel), for respondent.

Garry, P.J., Clark, Pritzker and McShan, JJ., concur.

Appeal, by permission, from an order of the Supreme Court (Roger D. McDonough, J.), entered February 15, 2023, in Albany County, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crimes of rape in the third degree and criminal sexual act in the third degree, without a hearing.

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