People v. Kinney

Order, Supreme Court, New York County (Patricia Nunez, J.), entered May 24, 2012, which denied defendant’s CPL 440.10 motion to vacate a judgment of the same court and Justice, rendered April 27, 2009, convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender, to a term of three years, unanimously affirmed.

The court properly denied defendant’s CPL 440.10 (1) (h) motion to vacate the judgment, made on the ground that it was obtained in violation of his right to disclosure of exculpatory…