People v. Malloy

Appeal, by permission, from an order of the County Court of Albany County (Herrick, J.), entered May 5, 2005, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crime of criminal possession of a controlled substance in the fifth degree, without a hearing.

In October 2002, defendant was convicted of robbery in the third degree. He was adjudicated a youthful offender and was sentenced to six months in jail with five years of probation. While on probation, he was charged with, among other things, criminal possession of a controlled…