People v. Fuller

OPINION OF THE COURT

Marcy L. Kahn, J.

Defendant Bernard Fuller stands convicted upon his plea of guilty of three counts of burglary in the third degree (Penal Law § 140.20). He now moves for the second time, pro se, to vacate the judgment pursuant to Criminal Procedure Law § 440.10. The People oppose the motion.

For the reasons stated below, defendant’s motion is summarily denied.

I. Factual and Procedural Background1

On January 14, 2010, defendant filed his first pro se motion to vacate the judgment pursuant to CPL 440.10. (Affidavit of Bernard Fuller in support of motion, sworn Jan. 7, 2010.)…