People v. Lane

Appeals (1) from a judgment of the County Court of Albany County (Clyne, J.), rendered January 7, 1982, upon a verdict convicting defendant of the crimes of rape in the first degree and sodomy in the first degree, and (2) by permission, from an order of said court, entered September 30, 1982, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment, without a hearing, f At about 5:00 p.m. on August 16, 1981, defendant took Patricia Briggs (whom he had known less than a week) to dinner at the Barnsider Restaurant in the Town of Colonie, Albany County. After dinner they…