People v. Benyi

Appeals (1) from a judgment of the County Court of Broome County (Monserrate, J.), rendered March 18, 1988, upon a verdict convicting defendant of the crimes of attempted rape in the first degree and sexual abuse in the first degree, and (2) by permission, from an order of said court, entered October 4, 1988, which denied defendant’s motion pursuant to CPL 440.10 to vacate said judgment of conviction, without a hearing.

Defendant was charged in a seven-count indictment with a number of sex offenses as a result of an incident which occurred during the late afternoon hours of April 27, 1987.…