Defendant brings this proceeding to seek relief from his July 1, 1974 murder conviction upon the claim that his constitutional rights have been violated (CPL 440.10, subd 1, par [h]). He also contends that he is entitled to a hearing on the factual issues he raises under CPL 440.30. CPL 440.10 (subd 2, par [b]) states that a motion to vacate a judgment must be denied when, at the time of the application, the judgment is appealable or pending on appeal and the record contains...
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