People v. Wiltshire

Appeal by the defendant (1) from a judgment of the Supreme Court, Kings County (McBrien, J.), rendered June 11, 1997, convicting her of criminal possession of a controlled substance in the fifth degree, upon her plea of guilty, and imposing sentence, and (2), by permission, from an order of the same court, dated September 22, 1997, which denied, without a hearing, the defendant’s motion pursuant to CPL 440.20, inter alia, to set aside the sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is…