People v. Hildenbrandt

— Mahoney, P. J.

Appeals (1) from a judgment of the County Court of Albany County (Harris, J.), rendered February 16, 1984, upon a verdict convicting defendant of the crime of assault in the first degree, and (2) by permission, from an order of said court, entered February 11, 1986, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant was indicted and charged with first degree assault based on a September 1983 incident wherein defendant and two friends got into a fight with two other individuals. In the course of the fight,…