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PEOPLE v. PORTER

128 A.D.2d 248 (1987)

The People of the State of New York, Respondent, v. Robert Porter, Also Known as Reginald Prather, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 28, 1987

Attorney(s) appearing for the Case

Alan Gadlin of counsel (Marc Frazier Scholl with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Robert Porter, appellant pro se.

KASSAL and WALLACH, JJ., concur with SANDLER, J. P.; MILONAS and ROSENBERGER, JJ., dissent in part in an opinion by MILONAS, J.

SANDLER, J. P.

By permission of a Justice of this court in an order dated January 16, 1986, defendant appeals from an order of the Supreme Court denying, without a hearing, his pro se motion pursuant to CPL 440.10, 440.20 and 440.30 to vacate a judgment of conviction of that court convicting defendant of criminal possession of a controlled substance in the first degree.

The principal issue is...

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