People v. Balzer

— Harvey, J.

Appeals (1) from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered November 9, 1987, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the second degree (two counts), conspiracy in the second degree and criminal sale of a controlled substance in the fifth degree, and (2) by permission, from an order of said court, entered August 26, 1988, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

In a four-count indictment handed down by a Grand Jury,…