People v. Donahue

Appeal, by permission, from an order of the County Court of Broome County (Mathews, J.), entered January 16, 1996, which denied defendant’s motion pursuant to CPL 440.10 to vacate a judgment convicting him of the crimes of burglary in the first degree (three counts), robbery in the second degree, assault in the first degree and attempted robbery in the first degree (two counts), after a hearing.

Defendant was charged with various crimes arising from two incidents in which he assaulted and robbed an elderly man in his apartment. He was convicted after trial of three counts of burglary in the…