People v. Avery

Appeals (1) from a judgment of the County Court of Albany County (Clyne, J.), rendered November 16, 1983, upon a verdict convicting defendant of the crime of criminal possession of marihuana in the first degree, and (2) by permission, from an order of said court (Turner, Jr., J.), entered August 13, 1986, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

*853Defendant was indicted for criminal possession of a controlled substance in the seventh degree, i.e., a small quantity of cocaine, and criminal possession of marihuana in the first…