Cardona, P.J.
Defendant was convicted, following a jury trial, of the crime of burglary in the third degree stemming from the February 8, 1999 theft of nine goats from sheds located on Duane Fleury's farm in the Town of Potsdam, St. Lawrence County. Defendant was sentenced, as a predicate felon, to an indeterminate prison term of 2 to 4 years. Following sentencing, defendant moved to vacate the judgment pursuant to CPL 440.10 (1) (f) and (h), claiming, inter alia...
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