People v. Ball

Appeals (1) from a judgment of the County Court of Schuyler County (Argetsinger, J.), rendered February 23, 2001, convicting defendant following a nonjury trial of the crime of burglary in the third degree, and (2) by permission, from an order of said court, entered July 22, 2002, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant was convicted of burglary in the third degree following a nonjury trial upon stipulated facts. He executed a written waiver of the right to appeal and was sentenced as a second felony offender to…