People v. Smith

Appeal, by permission, from an order of the County Court of Franklin County (Lawliss, J.), entered June 19, 2007, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction.

In September 2002, defendant was convicted following a jury trial of the crimes of rape in the first degree, sodomy in the first degree, burglary in the first degree, criminal contempt in the first degree, aggravated criminal contempt, assault in the second degree and menacing in the second degree in relation to an incident that occurred on October 23, 2001. After being sentenced, an appeal…