People v. Hierl

—Mikoll, J.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered October 7, 1991, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and driving while intoxicated.

Defendant seeks reversal of County Court’s denial of his *797CPL 440.10 motion to withdraw his plea of guilty. Although defendant has failed to move for leave to appeal the denial of his CPL 440.10 motion pursuant to CPL 450.15 (1), for purposes of judicial economy we will deem the present proceeding as a request for such relief and grant it. We further hold that…