Defendant was convicted of burglary in the third degree following a nonjury trial upon stipulated facts. He executed a written waiver of the right to appeal and was sentenced as a second felony offender to 3 to 6 years in prison. Thereafter, he made a pro se motion pursuant to CPL 440.10 to vacate the judgment of conviction, which County Court denied without a hearing. He now appeals from the judgment of conviction and the order denying his CPL 440.10 motion.
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