People v. Pelkey

Mercure, J.P.

Appeal, by permission, from an order of the County Court of Washington County (Berke, J.), entered October 15, 2004, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crimes of criminal possession of stolen property in the third degree, forgery in the second degree (two counts), criminal possession of stolen property in the fourth degree (two counts) and possession of burglar’s tools, without a hearing.

This case was previously before the Court on defendant’s direct appeal from a judgment convicting him upon his guilty…