People v. McDonough

Appeal, by permission, from an order of the County Court of Delaware County (Farley, J.), entered March 5, 1981, which denied, after a hearing, defendant’s postconviction motion pursuant to CPL 440.10 to vacate a judgment of said court rendered on January 23, 1978. On December 20, 1977, defendant was convicted after trial of four counts of arson in the third degree and was sentenced therefor on January 23, 1978 to an indeterminate term of 4 to 12 years. * At the time of his sentencing, defendant executed a form, entitled “Notice of Intention with Respect to Appeal”, which had been filled out…