On June 21, 1983, defendant was convicted upon a guilty plea of second degree burglary and was sentenced as a predicate felon to an indeterminate prison term of 5 to 10 years. The judgment of conviction was affirmed by this court (105 A.D.2d 1164) and leave to appeal to the Court of Appeals was denied (64 N.Y.2d 779).
In October 1986, defendant moved pursuant to CPL 440.10 to vacate the judgment of conviction. County Court denied...
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