People v. Hoard

Appeals (1) from a judgment of the County Court of Saratoga County (Brown, J.), rendered October 3, 1983, upon a verdict convicting defendant of the crime of rape in the first degree, and (2) by permission, from an order of said court, entered September 27, 1984, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of rape in the first degree, without a hearing.

Defendant was indicted and charged with first degree rape based on an incident wherein he admittedly had sexual intercourse with a woman who was employed as a bartender at a bar in…