Preview:

[*1]


Decided on November 28, 2006
Supreme Court, Monroe County

1996/0267
APPEARANCES For the People: Michael C. Green Monroe County District Attorney Patrick H. Fierro, A.D.A. 47 South Fitzhugh Street, Suite 832 Rochester, NY 14614
For Defendant:
Brian Congelosi, 97-B-0099
Orleans Correctional Facility
3531 Gaines Basin Road
Albion, NY 14411-9199
Joseph D. Valentino, J.
This is a decision on defendant's motions dated October 20, 2006, to vacate his conviction pursuant to CPL 440.10 (a) and (h) and dated July 14, 2006, for leave to reargue this Court's denial of his prior CPL 440.10 motion in a decision dated June 14, 2006. Defendant withdrew his motion for renewal.
Following a jury trial, defendant was convicted of two counts of depraved indifference murder (Penal Law

Download 2006_52344.pdf

New York Law