Motion by the defendant, seeking an order of this court pursuant to CPL 440.10 (subd 1, par [h]) and 440.20 (subd 1) vacating the judgment and setting aside the sentence entered against the defendant on the 15th day of April, 1983, is considered pursuant to the applicable case law and is decided as follows:
CPL 440.30 (subd 5) provides that the court "must conduct a hearing and...
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