People v. Jie Mei Chen

Appeal by the defendant, by permission, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), dated March 20, 2004, as, after a hearing, in effect, upon reargument, adhered to its prior determination in an order dated March 21, 2001, denying his motion pursuant to CPL 440.10 to vacate a judgment of the same court (Finnegan, J.), rendered August 19, 1997.

*345Ordered that the order is reversed insofar as appealed from, on the law, and upon reargument, the order dated March 21, 2001, is vacated, and the matter is remitted to the Supreme Court, Queens County, for a hearing…