Mugglin, J.
Following a nonjury trial on an indictment charging two counts of burglary in the second degree, defendant was found guilty of the lesser included offense of attempted burglary in the second degree under the second count. Defendant was sentenced to a five-year determinate prison term as a second violent felony offender. Following the entry of the judgment of conviction, defendant moved to vacate the conviction pursuant to CPL 330.30 arguing, in essence...
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