It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law, the motion is granted, the judgment of conviction is vacated and the matter is remitted to Monroe County Court for further proceedings on the indictment.
Memorandum:
Defendant appeals from an order denying his motion pursuant to CPL 440.10 seeking to vacate the judgment convicting him upon his plea of guilty of burglary in the first degree (Penal...
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