People v. Polanco

—Appeals (1) from a judgment of the County Court of Broome County (Mathews, J.), rendered November 18, 1994, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree, and (2) by permission, from an order of the said court, entered August 1, 1995, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence, without a hearing.

*675Defendant, who pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 41/ 2 to 9 years,…