People v. La Mountain

—Mercure, J.

Appeal, by permission, from an order of the County Court of Albany County (Breslin, J.), entered December 22, 1999, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of attempted burglary in the second degree, without a hearing.

In January 1996, defendant was convicted of attempted bur*504glary in the second degree as a result of an October 1994 incident in which defendant was observed attempting to open the window of a residence in the Town of Colonie, Albany County. On direct appeal, the conviction was affirmed (249 AD2d 584),…