Defendant was sentenced on November 12, 1999 and filed a timely notice of appeal. With the appeal pending, defendant moved to vacate his conviction pursuant to CPL 440.10 on the grounds that trial counsel was ineffective, that inadmissible evidence was admitted and that the jury had been improperly charged. That motion was improperly granted since the court relied on matters appearing on the record in vacating the conviction, defendant's appeal was pending and there were...
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