People v. Cunningham

— Harvey, J.

Appeal, by permission, from an order of the County Court of Albany *939County (Turner, Jr., J.), entered May 8, 1985, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of three counts of the crime of criminal possession of a forged instrument in the second degree, without a hearing.

In September 1983, defendant was convicted of three counts of the crime of criminal possession of a forged instrument in the second degree. Defendant was adjudicated a persistent felony offender and given an indeterminate sentence of 20 years to life.…