Spain, J.
Upon the execution of a search warrant at an apartment located in the City of Albany, defendant was found in possession of heroin. Pursuant to a plea agreement, he later pleaded guilty to one count of criminal possession of a controlled substance in the third degree and was sentenced to an agreed-upon prison term of eight years with three years of postrelease supervision. His posttrial motion to vacate the judgment pursuant to CPL 440.10 was denied without...
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