People v. Abernathy

—Yesawich Jr., J.

Appeals (1) from a judgment of the County Court of Albany County (Harris, J.), rendered December 3, 1993, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the fourth degree, criminal *827possession of a controlled substance in the third degree and criminally using drug paraphernalia in the second degree (two counts), and (2) by permission, from an order of said court (Rosen, J.), entered April 17, 1995, which denied defendant’s motion pursuant to CPL 440.10 and 440.20 to vacate the judgment of conviction and set aside the…