People v. Rossney

— Appeal, by permission, from an order of the County Court of Columbia County (Zittell, J.), entered August 20, 1991, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crimes of conspiracy in the second degree and criminal facilitation in the second degree, without a hearing.

County Court properly denied defendant’s CPL 440.10 motion without a hearing. Defendant argues that County Court had no jurisdiction to amend its order erroneously dismissing the ninth count of the indictment against defendant. This issue was raised and decided on…