People v. Lake

—Appeal by the defendant, by permission, from an order of the County Court, *495Nassau County (Harrington, J.), dated November 29, 1993, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court, rendered May 31, 1991, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendant’s motion which was to vacate the judgment on the ground of a Rosario violation; as so modified, the order is affirmed, and…