People v. Johnson

— Appeals by defendant (1) from a judgment of the Supreme Court, Richmond County (Barlow, J.), rendered October 18, 1978, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence, and (2) by permission from an order of the same court (Owens, J.), dated September 24,1982, denying his motion pursuant to CPL 440.10 (subd 1, par [h]) to vacate the judgment of conviction and to reinstate his plea of not guilty. Case remitted to the Supreme Court, Richmond County, for further proceedings consistent herewith and appeals held in abeyance in the interim. The…