It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law, and the matter is remitted to Cayuga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order denying his CPL 440.10 motion without a hearing. We agree with defendant that County Court applied the wrong standards in denying his motion and that reversal is therefore required. In support of the motion, defendant...
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