People v. Salgado

Order, Supreme Court, New York County (Patricia Nunez, J.), entered on or about August 4, 2011, which denied defendant’s CPL 440.10 motion to vacate a May 17, 1994 judgment convicting him, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s motion is procedurally defective under CPL 440.10 (2) (c) and 440.30 (4) (d). In any event, it is without merit.

Defendant contends that the building he was accused of burglarizing was not a dwelling under the Penal Law, that his…