Appeal by the defendant, by permission, from an order of the Supreme Court, Suffolk County (Hinrichs, J.), dated August 4, 2011, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered May 14, 2009, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence. Justice Mastro has been substituted for former Justice Angiolillo (see 22 NYCRR 670.1 [c]).
Ordered that the...
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