People v. Johnson

—Appeal by defendant (1) from a judgment of the Supreme Court, Richmond County (Barlow, J.), rendered October 18, 1978, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence and (2) by permission, from an order of the same court (Owens, J.), dated September 24, 1982, denying his motion pursuant to CPL 440.10 (1) (h) to vacate the judgment of conviction and to reinstate his plea of not guilty.

By order dated July 5, 1983, this court remitted the case to the Supreme Court for further proceedings and in the interim held the appeals in abeyance…