People v. Junco

Ap*928peals (1) from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered January 7, 1993, upon a verdict convicting defendant of the crimes of attempted rape in the first degree and assault in the second degree, and (2) by permission, from an order of said court, entered December 16, 1994, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

In the early morning hours of April 23, 1992, a woman defendant had met in a bar acceded to his request for a ride home. During the trip, defendant directed the woman to pull…