People v. Risalek

Appeals (1) from a judgment of the County Court of Broome County (Mathews, J.), rendered December 14, 1987, convicting defendant upon his plea of guilty of the crime of attempted rape in the first *871degree, and (2) by permission, from an order of said court (Monserrate, J.), entered January 11, 1989, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant, indicted for rape in the first degree, has been convicted upon his plea of guilty of attempted rape in the first degree for which he was sentenced to an indeterminate term of…