Ordered that the order is affirmed.
Pursuant to CPL 440.10, "[a]t any time after the entry of a judgment, the court in which it was entered may, upon motion of the defendant, vacate such judgment upon the ground that. . . [it] was obtained in violation of a right of the defendant under the constitution of this state or of the United States" (CPL 440.10 [1] [h]). Here, the defendant claims that the judgment of conviction was obtained in violation of his right to the...
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