Ordered that the order is reversed, on the law, and the defendant's motion to vacate his judgment of conviction is denied.
On February 7, 1992, the defendant was arrested for rape in the first degree. At the time of his arrest, he was on parole from a prior conviction. Following a jury trial, the defendant was convicted of rape in the first degree. Thereafter, the defendant's appellate counsel learned that a parole officer had conducted an investigation into the circumstances...
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