Ordered that the order is affirmed.
Pursuant to CPL 440.10 (2) (c), a motion to vacate a judgment of conviction must be denied when, although sufficient facts appear on the record to have permitted adequate review, the defendant unjustifiably failed to raise the issue on his direct appeal. On the defendant's direct appeal, he argued, inter alia, that the court erred in sentencing him to an enhanced sentence without allowing him to vacate his plea of guilt. However...
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