People v. Cloud

OPINION OF THE COURT

Wallach, J.

Defendant is presently serving a sentence of imprisonment of from 15 years to life imposed on January 12, 1978, following his conviction after trial for the crime of murder in the second degree, as well as a concurrent sentence of from 6 to 18 years upon a plea of guilty to two counts of robbery in the first degree. His application to vacate these convictions pursuant to CPL 440.10, on the ground that evidence used at his trial was unconstitutionally obtained at the time of his arrest, has been denied without a hearing by Criminal Term, and he appeals to this…