People v. Nunez

Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), dated August 31, 1998, which granted the defendant’s motion pursuant to CPL 440.10 to vacate a judgment of the same court (Curci, J.), rendered April 13, 1994, convicting him of criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

Ordered that the order is reversed, on the law, the motion is denied, and the judgment is reinstated.

The Supreme Court erroneously granted the defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him…