People v. Roberts

Appeals (1) from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered December 16, 1988, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the first degree, and (2) by permission, from an order of said court, entered December 6, 1991, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

In January 1988, a three-count indictment was handed up against defendant by a Grand Jury. Two of those counts arose out of incidents occurring on December 10, 1987 when defendant, his…