People v. Baksh

Appeal, by permission, from an order of the County Court of Sullivan County (LaBuda, J.), entered March 23, 2009, which denied defendant’s motion pursuant to CPL *847440.10 to vacate the judgment convicting him of the crime of criminal possession of a controlled substance in the fifth degree, after a hearing.

In 2004, defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree and was sentenced to six months in jail with five years of probation. More than a year after his release from custody, he moved to vacate his conviction on the ground that he was coerced…