People v. Bachert

Appeal, by permission, from an order of the County Court of Chemung County (Castellino, J.), entered September 3, 1985, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crimes of burglary in the second degree, criminal trespass in the second degree and petit larceny, without a hearing.

The facts relevant to this appeal are set forth in this court’s previous decision (121 AD2d 802), where we determined that a CPL 440.10 motion was an appropriate procedural vehicle for challenging a judgment on the ground of ineffective appellate counsel (id.,…