People v. Estep

—Carpinello, J.

Appeals (1) from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered December 22, 1998, upon a verdict convicting defendant of the crimes of burglary in the second degree and attempted rape in the first degree, and (2) by permission, from an order of said court, entered October 15, 1999, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant stands convicted of burglary in the second degree and attempted rape in the first degree following a jury trial. *727Notably, one significant fact was not…