People v. Toland

—Mercure, J. P.

Appeal from an order of the County Court of Schenectady County (Eidens, J.), entered March 24, 1999, which settled the record on appeal.

We reject the contention that County Court erred in limiting the record on appeal to documents that were received in evidence or filed with the clerk in connection with this criminal action against defendant (see, People v Hoppe, 239 AD2d 777; People v Brown, 233 AD2d 764, 766, lv denied 89 NY2d 1009; Matter of Yanoff v Commissioner of Educ. of State of N. Y., 64 AD2d 763). A motion pursuant to CPL 440.10, and not a direct appeal, is the…