People v. Speranza

Appeal, by permission, from an order of the County Court of Albany County (Herrick, J.), entered September 10, 2010, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of promoting prostitution in the third degree, without a hearing.

Defendant pleaded guilty to an indictment charging him with promoting prostitution in the third degree and waived his right to appeal upon the understanding that County Court would sentence him to time served and five years of probation if he did not violate the plea agreement. That agreement required…