People v. Ertel

Yesawich, Jr., J.

Appeal, by permission, from an order of the County Court of Rensselaer County (Dwyer, Jr., J.), entered April 18, 1985, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of manslaughter in the first degree, without a hearing.

*729Defendant pleaded guilty to first degree manslaughter on February 3, 1983 pursuant to a negotiated plea agreement in satisfaction of an indictment charging him with second degree murder. Although furnished with oral and written notice of his right to appeal, defendant did not attempt to appeal until…