People v. Small

Appeal by the defendant, by permission, from an order of the County Court, Orange County (De Rosa, J.), dated April 6, 2016, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered July 23, 2008, as modified by decision and order of this Court dated June 1, 2010 (People v Small, 74 AD3d 843 [2010]), convicting him of burglary in the second degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence, or pursuant to CPL 440.20 to set aside the sentence imposed on the burglary count.

Ordered that the…