People v. Figueroa

OPINION OF THE COURT

Dominic R. Massaro, J.

Now comes Raymond Figueroa, pro se, moving pursuant to CPL 440.10 to set aside his conviction. The procedural bar to his motion notwithstanding, review of the substantive rights claimed under our State Constitution does not mandate the requested relief.

Case History

On November 23, 1994, a judgment was rendered herein (Bamberger, J.) convicting defendant, following a jury trial, of burglary in the second degree (Penal Law § 140.25 [2]), and sentencing him to an indeterminate term of imprisonment from 6 to 12 years. On November 1, 1995, defendant filed a…