Order, Supreme Court, Bronx County (John Byrne, J.), entered December 5, 2002, which denied, without a hearing, defendant's motion to vacate his judgment of conviction, pursuant to CPL 440.10, unanimously reversed, on the law, the order vacated and the matter remanded for a hearing and decision de novo on the motion.
In his pro se motion to vacate his conviction pursuant to CPL 440.10, defendant asserted an ineffective assistance of counsel claim other than that which...
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