Egan Jr., J.
Appeal, by permission, from an order of the Supreme Court (Breslin, J.), entered October 19, 2012 in Albany County, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of petit larceny, after a hearing.
In July 2008, defendant, a native of Nigeria who has been a lawful resident of the United States since 2004, pleaded guilty to one count of petit larceny and was sentenced to three years of...
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