In January 2008, petitioner pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced as a second drug felony offender to five years in prison followed by one year of postrelease supervision. Petitioner failed to file a timely appeal from his judgment of conviction and his motion for an extension of time to file an appeal was denied. Thereafter, petitioner moved to vacate his judgment of conviction pursuant to CPL 440.10 and Herkimer...
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