People v. Smith

—Appeal from judgment, Supreme Court, New York County (William Wetzel, J.), rendered February 6, 1998, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a prison term, held in abeyance, and the matter remanded for a *472hearing and decision de novo on defendant’s motion to vacate the judgment, as provided herein. Order, same court and Justice, entered on or about July 27, 2001, which denied defendant’s motion to vacate the aforesaid judgment pursuant to CPL 440.10, unanimously reversed, on the law, the order vacated, and the matter remanded for a…