People v. Mitchell

Appeal, by permission, from an order of the County Court of Essex County (Meyer, J.), entered June 11, 2008, which denied defendant’s motion pursuant to CPL 440.10 and 440.20 to vacate the judgment convicting him of the crimes of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the second degree and to set aside the sentence, without a hearing.

On July 15, 2003, defendant was arrested in Essex County and charged with driving while intoxicated. As defendant had a prior conviction for driving while intoxicated that occurred on June 14, 2000, this charge was…