It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Although County Court properly denied defendant's CPL article 440 motion seeking to vacate the judgment of conviction, we conclude that the court erred in its reasoning. Defendant contends, inter alia, that his plea of guilty to burglary in the first degree in exchange for a term of incarceration not to exceed 12 years was not knowing and voluntary...
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