It is hereby ordered that the amended 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: County Court erred in denying without a hearing the motion of defendant pursuant to CPL 440.10 (1) (h) to vacate the judgment convicting him of murder in the second degree (Penal Law § 125.25 [1]). In support of the motion, defendant...
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