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PEOPLE v. JACKSON

266 A.D.2d 163 (1999)

699 N.Y.S.2d 40

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JACKSON, Appellant.

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

Decided November 30, 1999.

Defendant's motion to vacate his 1994 conviction was properly denied on the basis of CPL 440.10 (2) (c). A CPL 440.10 motion may not be used as a device to take a belated appeal on an issue that appears on the face of the record (People v Cooks, 67 N.Y.2d 100).

We find no basis upon which to disturb defendant's 1997 conviction. The alleged error in the 1994 conviction concerning the proper degree of auto stripping did not...

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