People v. Scudds

Appeal, by permission, from an order of the County Court of Rensselaer County (Jacon, J.), entered May 21, 2008, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of criminal possession of a forged instrument in the second degree, without a hearing.

Defendant pleaded guilty to criminal possession of a forged instrument in the second degree in satisfaction of an eight-count indictment. As part of the bargained-for plea, defendant was to receive a prison sentence of 2 to 4 years, which was to run concurrently with a two-year determinate…