People v. Cramer

Appeal, by permission from an order of the County Court of Albany County (Turner, Jr., J.), entered November 19, 1986, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of burglary in the second degree, without a hearing.

On June 21, 1983, defendant was convicted upon a guilty plea of second degree burglary and was sentenced as a predicate felon to an indeterminate prison term of 5 to 10 years. The judgment of conviction was affirmed by this court (105 AD2d 1164) and leave to appeal to the Court of Appeals was denied (64 NY2d 779).

In…