People v. Hobson

*863OPINION OF THE COURT

Harvey W. Sherman, J.

Motion by the defendant, seeking an order of this court pursuant to CPL 440.10 (subd 1, par [h]) and 440.20 (subd 1) vacating the judgment and setting aside the sentence entered against the defendant on the 15th day of April, 1983, is considered pursuant to the applicable case law and is decided as follows:

CPL 440.30 (subd 5) provides that the court “must conduct a hearing and make findings of fact” unless the motion can be summarily denied based on “uncontradicted allegations” in the papers (CPL 440.30, subd 2) or because the moving papers do not…