People v. Martial

Appeal by the defendant, by permission, from an order of the County Court, Rockland County (Apotheker, J.), dated September 24, 2012, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of conviction of the same court rendered December 16, 2011, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Rockland County, for an evidentiary hearing on the defendant’s motion and a new…