Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.
Appellate Division of the Supreme Court of New York, Fourth Department.
It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Supreme Court, Erie County, for a hearing pursuant to CPL 440.30(5) in accordance with the following memorandum: Defendant appeals from an order that denied without a hearing his CPL 440.10 motion to vacate the judgment convicting him, following a jury trial, of attempted murder in the second degree (Penal Law ...
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