People v. Johnson

Appeal, by permission, from an order of the County Court of Albany County (Breslin, J.), entered June 9, 2010, which denied defendant’s motion pursuant to CPL article 440 to, among other things, vacate the judgment convicting him of the crimes of criminal possession of a controlled substance in *1058the third degree and criminal sale of a controlled substance in the third degree, without a hearing.

After cocaine was discovered in late February 2009 in a residence shared by defendant and his girlfriend, they were both charged in a multicount indictment in March 2009, which included a top count of…