DAVIS, II, KEVIN J., PEOPLE v

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Erie County Court (Michael F. Pietruszka, J.), dated October 16, 2015. The order denied the motion of defendant to vacate a judgment of conviction.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, and the matter is remitted to Erie County Court for a hearing pursuant to CPL 440.30 (5).

Memorandum: We granted defendant leave to appeal from the order denying his CPL article 440 motion to vacate the judgment convicting him…