The defendant moves under CPL 440.10 (subd 1, pars [d], [h]; subd 2, par [a]; subd 4) for an order setting aside the defendant's conviction and either dismissing the indictment or granting defendant a new trial. The defendant was previously convicted of felony murder in this court under Indictment No. 730/73 and on February 27, 1975 was sentenced to an indeterminate term of imprisonment by...
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