People v. Barker

—Appeal by defendant (by permission) from an order of the Supreme Court, Kings County, dated July 7, 1978, which denied without a hearing his motion pursuant to CPL 440.10 (subd 1, par [h]) to vacate a judgment of the same court, rendered June 6, 1975, convicting him, upon a plea of guilty, of felony murder. Order affirmed. Defendant was indicted for felony murder and, upon advice of counsel, pleaded guilty to that charge on March 12, 1975. Defendant’s motion to withdraw the guilty plea on the ground that he had been inadequately represented by counsel at an earlier Huntley hearing was argued…