People v. Van Clief

Appeals (1) from a judgment of the County Court of Schenectady County (Giardino, J.), rendered November 29, 2010, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree, and (2) by permission, from an order of said court (Drago, J.), entered December 12, 2012, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant was charged in an indictment with various crimes, including murder in the second degree, after he shot and killed his ex-wife’s paramour. Following the denial of his motion to…