PEOPLE v. ARISTY

2011-06582

113 A.D.3d 870 (2014)

979 N.Y.S.2d 634

2014 NY Slip Op 522

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ARISTY, Appellant.

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

Decided January 29, 2014.


Appeal by the defendant, by permission, from an order of the Supreme Court, Queens County (Modica, J.), dated June 7, 2011, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court (Schulman, J.), rendered May 27, 1997, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the order is affirmed.

On May 27, 1997, the...

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