People v. Bigtree

Crew III, J. Appeal, by permission, from an order of the County Court of Franklin County (Main, Jr., J.), entered March 31, 1995, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of resisting arrest, without a hearing.

*803Following a jury trial on charges of assault, criminal impersonation and resisting arrest, defendant was convicted of resisting arrest. No appeal was taken from the judgment of conviction because, according to trial counsel’s averments, both he and defendant believed that there was sufficient evidence to support the…