People v. Murphy

Appeal, by permission, from an order of the County Court of Albany County (Herrick, J.), entered April 26, 2005, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crimes of burglary in the third degree and petit larceny, without a hearing.

In 1981, defendant was convicted of the crimes of burglary in the third degree and petit larceny. After he was found to be a persistent felony offender due to his prior felony convictions, he was sentenced to the maximum permissible term of imprisonment, 25 years to life. Defendant’s conviction…