People v. Settembre

Appeal by the defendant from an order of the County Court, Putnam County (Hickman, J.), dated December 31, 1986, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of conviction of the same court rendered March 20, 1985.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendant’s motion which was to set aside the judgment of conviction on the ground of ineffective assistance of appellate counsel and substituting therefor a provision deeming that branch of the motion to be an application for a…