People v. White

—Appeal by the People, from an order of the Supreme Court, Queens County (Blumenfeld, J.), dated May 6, 1994, which granted the defendant’s motion to vacate his judgment of conviction of the same court, rendered December 17,1992, pursuant to CPL 440.10 (1) (f).

Ordered that the order is reversed, on the law, and the defendant’s motion to vacate his judgment of conviction is denied.

On February 7, 1992, the defendant was arrested for rape in the first degree. At the time of his arrest, he was on parole from a prior conviction. Following a jury trial, the defendant was convicted of rape in the…