People v. Payton

— McCarthy, J.

Appeal, by permission, from an order of the County Court of Albany County (Breslin, J.), entered May 15, 2009, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crimes of criminal possession of a controlled substance in the second degree and attempted criminal possession of a weapon in the third degree, without a hearing.

In satisfaction of a three-count indictment, defendant pleaded guilty in 2005 to criminal possession of a controlled substance in the second degree and attempted criminal possession of a weapon in the third…