People v. Moore

Mugglin J.

Appeal, by permission, from an order of the County Court of Albany County (Breslin, J.), entered May 16, 2001, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of sodomy in the first degree, without a hearing.

Defendant was convicted upon his plea of guilty of the crime of sodomy in the first degree. While his direct appeal was pending before this Court, defendant made a CPL article 440 motion to vacate the judgment of conviction and set aside the sentence on the ground, among others, that the grand jury failed to call the…