People v. Fernandez

Appeals (1) from a judgment of the County Court of Columbia County (Leaman, J.), rendered December 11, 1995, convicting defendant upon his plea of guilty of two counts of the crime of criminal sale of a controlled substance in the third degree, and (2) by permission, from an order of said court, entered April 4, 1997, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction and set aside the sentence, without a hearing.

In August 1995, defendant entered a guilty plea to two counts of criminal sale of a controlled substance in the third degree in exchange for…