Order unanimously reversed on the law, judgment of conviction vacated and matter remitted to Herkimer County Court for further proceedings on the indictment.
Memorandum:
Defendant appeals from an order of Herkimer County Court that denied his CPL article 440 motion to vacate a judgment of conviction. Defendant was convicted upon his plea of guilty to insurance fraud in the fifth degree (Penal Law § 176.10), allegedly committed by his receipt of benefits...
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