People v. Benthall

OPINION OF THE COURT

Alfred H. Kleiman, J.

This is a motion by the defendant to vacate the judgment of this court pursuant to CPL 440.10 (subd 1, par [h]).

Defendant was indicted for the crimes of criminal possession of a controlled substance in the first degree and criminal possession of a weapon in the fourth degree. A hearing on defendant’s motion to suppress the physical evidence was held before me in December, 1981. Following the denial of that motion, defendant pleaded guilty to the charges and defendant was sentenced on January 12 and 14,1982 to an indeterminate term of imprisonment with…