People v. Wade

Appeal, by permission, from an order of the County Court of Ulster County (Bruhn, J.), entered March 9, 1998, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of attempted murder in the second degree, without a hearing.

In 1989, defendant pleaded guilty to the crime of attempted murder in the second degree. Prior to sentencing, the People filed a predicate felony statement alleging that defendant previously had been convicted of operating a motor vehicle while under the influence of alcohol, as a felony, in September 1986. Defendant…