People v. Main

—Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to attempted burglary in the third degree in full satisfaction of a three-count indictment and was sentenced, as a second felony offender, to an indeterminate term of imprisonment of two to four years. He filed a timely notice of appeal from that conviction but never perfected the appeal; it was dismissed on the unopposed motion of the People on July 31,1992.

Thereafter, this Court reduced the conviction of the predicate felony to a misdemeanor (People v Main, 195 AD2d 1025). Defendant then moved pursuant to CPL 440.10 to…