PEOPLE v. ODOM

01575, Indictment No. 2091/05, Motion: To Vacate Sentence pursuant to CPL 440.20.

2008 NY Slip Op 31829 (U)

THE PEOPLE OF THE STATE OF NEW YORK v. JOSEPH ODOM, Defendant.

Supreme Court of the State of New York, Queens County.

July 1, 2008.


BARRY KRON, Judge.

Defendant seeks an order of the Court to vacate his sentence pursuant to CPL § 440.20 upon the ground that he received ineffective assistance of counsel because his counsel did not challenge the prior felony upon which he was adjudicated a predicate felon pursuant to CPL § 400.21.

In response, the People have filed an affirmation in opposition, dated June 17,2008. They argue that defendant's motion should be denied because defendant...

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