People v. Howard

Appeal from an order of Monroe County Court (Marks, J.), entered November 19, 1998, which denied defendant’s motion to set aside the sentence pursuant to CPL 440.20.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court properly denied the motion of defendant pursuant to CPL 440.20 to set aside the sentence of an indeterminate term of imprisonment of 12 years to life imposed upon his conviction of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [2] [b]). That sentence is the authorized for a persistent…