Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a determination of the defendant's motion on the merits.
On July 18, 2007, following a jury trial, the Supreme Court rendered a judgment convicting the defendant of murder in the second degree and imposing sentence. While the defendant's direct appeal from the judgment was pending, the defendant moved pursuant to CPL 440.10 to vacate the judgment on the...
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