MERCURE, J.P.
Following a jury trial, defendant was convicted of one count of assault in the second degree arising from his striking the victim in the head with a glass wine bottle. He was sentenced, as a second felony offender, to a prison term of 3½ years to be followed by five years of postrelease supervision. County Court thereafter denied, without a hearing, defendant's motion to vacate the judgment of conviction pursuant to CPL 440.10. He now appeals from...
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