People v. Pilgrim

OPINION OF THE COURT

Raymond Harrington, J.

John Pilgrim, the defendant herein, has moved this court pursuant to CPL 440.10 and 440.20 for an order vacating the judgments of conviction and sentences imposed under indictments numbered 33214, 34479, and 45711. Specifically, the defendant’s prayer for relief is predicated upon CPL 440.10 (subd 1, par [h]) which allows for vacatur of a judgment of conviction which “was obtained in violation of a right of the defendant under the constitution of this state or of the United States.”

The basis for the defendant’s claim is that he was at one time…