Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Nassau County, for a hearing and a new determination on the motion.
The defendant moved pursuant to CPL 440.10 to vacate the judgment of conviction on the ground that he was denied the effective assistance of trial counsel. In support of the motion to vacate the judgment, the defendant submitted evidence which did not appear in the record on the direct appeal from the judgment...
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