People v. Diaz

OPINION OF THE COURT

Peter J. Benitez, J.

Defendant was tried before this court and a jury in 1999 and found guilty of murder in the first degree and other crimes. On *338October 6, 1999, he was sentenced to life without parole and other sentences which are to run currently with that life sentence. Defendant has appealed his conviction to the Appellate Division, First Department, and the appeal has been perfected. During the pendency of that appeal defendant’s counsel filed a motion pursuant to CPL 440.10 in this court seeking to have defendant’s conviction set aside based on claims of ineffective…