People v. Dumas

—Appeal by the defendant, by permission, from an order of the Supreme Court, Queens County (Golia, J.), dated May 2, 1988, which, after a hearing, denied his motion, denominated as one pursuant to CPL 440.10 (1) (h), for vacatur of a judgment of conviction of the same court, rendered May 27, 1983, and for resentencing thereon nunc pro tunc.

Ordered that the order is affirmed.

The defendant, a second felony offender who from the outset has acknowledged that at his 1983 sentencing, inter alia, for murder in the second degree, he was advised by the court clerk of his right to appeal to this court…