PEOPLE v. POWLESS


46 A.D.3d 1350 (2007)

849 N.Y.S.2d 150

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES POWLESS, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 21, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

The People appeal from an order granting defendant's CPL 440.10 motion and vacating the judgment convicting defendant, upon his plea of guilty, of two counts of sodomy in the first degree (Penal Law former § 130.50 [1]). County Court properly vacated the judgment on the ground that defendant was not advised before entering his plea that he...

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