People v. Montgomery

Mikoll, J. P.

Appeals (1) from *678a judgment of the County Court of Albany County (Keegan, J.), rendered June 19, 1990, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree, and (2) by permission, from an order of said court, entered July 1, 1991, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

The events underlying the instant charges occurred on April 7, 1985 at approximately 12:35 a.m. in the Arbor Hill area of the City of Albany when a confidential informant for the Albany…