People v. Peterson

OPINION OF THE COURT

Francis A. Affronti, J.

The defendant, pro se, by notice of motion dated December 29, 1994, seeks an order of this court pursuant to CPL 440.10 (1) (h), vacating the judgment of Supreme Court, Monroe County (Cornelius, J.), entered August 9, 1989, convicting him, following a jury trial, of the crimes of criminal sale of a controlled substance in the first degree, criminal possession of a controlled substance in the second degree, and unlawful possession of marihuana. Following said conviction, he was sentenced to an indeterminate term of imprisonment with the New York State…