PEOPLE v. CARTER

104989.

105 A.D.3d 1149 (2013)

963 N.Y.S.2d 419

2013 NY Slip Op 2428

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAY CARTER, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 11, 2013.


Stein, J.

Appeal, by permission, from an order of the County Court of Schenectady County (Drago, J.), entered April 20, 2012, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of burglary in the second degree, without a hearing.

In June 2005, defendant was convicted, after a jury trial, of burglary in the second degree and was sentenced, as a second felony offender, to a prison term of 15 years followed...

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