People v. Montana

— Appeal by the defendant, by permission, from an order of the County Court, Suffolk County (Weissman, J.), dated July 20, 1988, which denied his motion pursuant to CPL 440.10, which was, inter alia, to vacate a judgment of the same court, rendered May 8, 1984, convicting him of burglary in the second degree (three counts), attempted burglary in the second degree and possession of burglar’s' tools, on the ground that he was denied the effective assistance of trial counsel.

Ordered that the matter is remitted to the County Court, Suffolk County, to hear and report on that branch of the…