People v. Coley

Order unanimously reversed, on the law, and motion granted, to the extent that the matter is remitted to Erie County Court for a hearing, in accordance with the following memorandum: The trial court erred in denying, without a hearing, defendant’s motion to vacate the judgment pursuant to CPL 440.10. The direct appeal from the judgment of conviction, which was affirmed concerned only matters in the record, whereas the facts underlying the motion concerned matters outside the record. Moreover, defense counsel did not learn of these facts until after filing the brief on the direct appeal. Upon…