People v. Washington (19 A.D.3d 1180, 2005)

Appeal from an order of the Monroe County Court (Stephen K. Lindley, A.J.), dated November 1, 2004. The order granted defendant’s motion to vacate a judgment of conviction pursuant to CPL 440.10 and granted a new trial.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Martoche, J.E, Smith, Lawton and Hayes, JJ.