People v. Clevenger

OPINION OF THE COURT

Memorandum.

Order entered on November 30, 1999 unanimously reversed upon the law and motion to vacate judgment granted to the extent of remanding the matter for a hearing and de novo determination by a different judge.

Appeal from order dated August 3, 2000 dismissed.

Defendant’s original motion to vacate his guilty plea should have been determined after a hearing since the sworn allegations of fact essential to support the motion were neither conceded by the People to be true nor conclusively established by unquestionable documentary proof (CPL 440.30).

We note that defense…