People v. Brown

Appeal, by permission, from an order of the County Court of Albany County (Breslin, J), entered November 17, 2008, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence, without a hearing.

In 1993, following a jury trial, defendant was convicted of rape in the first degree, two counts of sodomy in the first degree and one count of robbery in the first degree. This Court affirmed the conviction upon appeal (People v Brown, 232 AD2d 750 [1996], lv denied 89 NY2d 940 [1997]). Subsequently, defendant moved pursuant to CPL 440.20 to set aside his sentence, arguing that…