Mercure, J.P.
In 2002, petitioner was convicted of two counts of robbery in the first degree, two counts of robbery in the second degree and criminal possession of a weapon in the second and third degrees and was sentenced, as a persistent violent felony offender, to an aggregate prison term of 21 years to life. His conviction and the denial of his subsequent CPL 440.10 motion were affirmed by the First Department (People v Funches,
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