People v. Sudbrink

Appeal by the defendant, by permission, from an order of the County Court, Nassau County (LaPera, J.), dated October 28, 2002, which (a) denied his motion pursuant to CPL 440.10 to *636vacate a judgment of the same court rendered February 7, 2001 convicting him of operating a motor vehicle while under the influence of drugs and aggravated unlicensed operation of a motor vehicle in the second degree, upon his plea of guilty, and imposing sentence, and (b) denied his motion pursuant to CPL 440.20 to vacate the sentence imposed.

Ordered that the order is modified, on the law, by deleting the…