Appeal by the defendant, by permission, from an order of the County Court, Westchester County (Zambelli, J.), entered February 2, 2012, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court (Smith, J.), rendered December 12, 2000, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence, or alternatively, pursuant to CPL 440.20 to set aside the sentence imposed.
Ordered that...
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