People v. Chapman

Appeal, by permission, from an order of the County Court of Albany County (Turner, Jr., J.), entered July 11, 1984, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crime of assault in the first degree, without a hearing.

Defendant was convicted of assault in the first degree and sentenced to an indeterminate term of 20 years to life as a persistent felony offender. Defendant took an appeal from that conviction to this court and the conviction was affirmed without opinion (97 AD2d 682, lv denied 61 NY2d 673). Defendant then…