People v. Herrington

Yesawich, Jr., J.

Appeals (1) from an order of the County Court of Rensselaer County (Dwyer, Jr., J.), entered April 1, 1987, which granted the People’s motion pursuant to CPL 440.40 to set aside defendant’s sentence following his conviction of the crime of attempted burglary in the second degree, after a hearing, and (2) from a judgment of said court, rendered May 20, 1987, which resentenced defendant.

In May 1986, defendant pleaded guilty to the crime of attempted burglary in the second degree. The plea was also taken in satisfaction of two other outstanding charges, attempted assault in the…