It is hereby ordered that the order so appealed from is unanimously reversed on the law, and the matter is remitted to Erie County Court for a hearing pursuant to CPL 440.30 (5).
Memorandum: We granted defendant leave to appeal from the order denying his CPL article 440 motion to vacate the judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [2]). Defendant contends that he is entitled to vacatur of the judgment based...
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