People v. Barrett

—Order, Supreme Court, New York County (Colleen McMahon, J.), entered October 17, 1996, which vacated, pursuant to CPL 440.10, a judgment convicting defendant of grand larceny in the third degree and possession of burglar’s tools, and sentencing him to concurrent terms of 6 months and a term of probation of 5 years conditioned upon the performance of 300 hours of community service, unanimously reversed, on the law, defendant’s motion denied, and the judgment of conviction reinstated.

Where defendant’s Rosario claim is adjudicated pursuant to a post-judgment CPL 440.10 motion, even one brought…