People v. John

Appeal, by permission, from an order of the County Court of Clinton County (Lewis, J.), entered September 28, 1988, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of sexual abuse in the first degree, without a hearing.

Defendant was indicted by a Grand Jury on two counts of rape in the first degree and two counts of sexual abuse in the first degree. These charges stemmed from an incident in January 1987 in which defendant allegedly engaged in sexual intercourse and other sexual contact with two eight-year-old girls. Just prior to the…