People v. Smith

By pro se application, the defendant applies for post-judgment relief under CPL 440.10 (subd. 1, par. *747[a]) to set aside and vacate the judgment of conviction herein upon the ground that the court was not legally constituted and, therefore, without jurisdiction.

Upon defendant’s plea of guilty, sentence as a second felony offender was imposed upon him on September 20, 1968, by County Court Judge Albert A. Oppido (now Justice of the Supreme Court) for terms of imprisonment as follows: robbery, first degree, from 20 to 40 years; grand larceny, first degree, from 5 to 20 years and assault, second…