People v. Kotler

—Appeal by the defendant, by permission, from an order of the County Court, Suffolk County (Weissman, J.), dated June 1, 1998, which denied, without a hearing, the defendant’s motion pursuant to *549CPL 440.10 to vacate a judgment of the same court, rendered October 23, 1997, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that on the Court’s own motion, pages 213 to 234 of the defendant’s Appendix are stricken and the matters contained in that portion of the Appendix have not been considered as they relate to matters dehors the record; and it is…