It is hereby ordered that the order so appealed from is unanimously affirmed.
Memorandum: Defendant appeals, with permission of a Justice of this Court, from an order denying his CPL 440.10 motion to vacate the judgment convicting him of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [4]). On a prior appeal, we reversed the order denying his motion to vacate the...
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