People v. Lozovsky

—Mercure, J.

Appeals (1) from a judgment of the County Court of Broome County (Smith, J.), rendered October 16, 1998, convicting defendant upon his plea of guilty of the crime of burglary in the second degree, and (2) by permission, from an order of said court, entered February 3, 1999, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant was indicted for two counts of burglary in the first degree as the result of a September 7, 1997 incident in which defendant, his two codefendants and several of their fraternity brothers…