People v. Benson

Appeals (1) from a judgment of the County Court of Tioga County (Seidlecki, J.), rendered June 4, 1992, convicting defendant upon his plea of guilty of the crimes of burglary in the third degree, attempted criminal possession of a forged instrument in the second degree and criminal mischief in the third degree, and (2) by permission, from an order of said court, entered September 16, 1992, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction.

In a prior decision (200 AD2d 861), we remitted this matter to County Court to conduct a hearing to determine…