People v. Matay

Appeal by defendant (by permission) from an order of the County Court, Orange County (Ingrassia, J.), dated August 29, 1980, which denied, without a hearing, his motion to vacate the judgment of conviction *868rendered against him on July 17,1979. Case remitted to the County Court to hear and report on whether the defendant’s attorney received notice of the scheduled Grand Jury presentment and/or informed the defendant of his rights to testify before the Grand Jury (see People v Lincoln, 80 AD2d 877), and appeal held in abeyance in the interim. The County Court is to file its report with all…