People v. McCready

Appeal by the defendant, by permission, and as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Mullen, J.), dated November 5, 2001, as denied that branch of his motion which was pursuant to CPL 440.20, in effect, to set aside a sentence imposed by the same court on January 9, 2001, upon his conviction of assault in the second degree.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant’s motion which was, in effect, to set aside the sentence imposed on his conviction of assault in the second degree is…