Judgment affirmed. No opinion. Order affirmed.
Criminal Term stated that its reason for denying defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction was because defendant had failed to perfect his appeal from said judgment. However, defendant's motion was based on a claim of ineffective assistance of counsel in which he alleged counsel failed to properly advise him of his right to testify before the Grand Jury. Generally, such a claim is...
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