People v. Sasso

— Yesawich Jr., J.

Appeal, by permission, from an order of the County Court of Albany County (Turner Jr., J.), entered April 18, 1990, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crimes of robbery in the first degree and grand larceny in the second degree, without a hearing.

Defendant was sentenced in 1981 as a persistent felony offender to 25 years to life imprisonment. Although this court affirmed the conviction (99 AD2d 558), the particular issue presented before us, the constitutionality of Penal Law § 70.10 (1) (b) (i),…