People v. Miller

Appeal, by permission, from an order of the County Court of Chemung County (Danaher, Jr., J.), entered April 26, 1988, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of promoting prison contraband in the first degree, without a hearing.

Defendant was convicted following a jury trial of promoting prison contraband in the first degree and we affirmed the conviction (106 AD2d 787). Defendant thereafter moved to vacate the judgment pursuant to CPL 440.10 and County Court denied the motion without a hearing. Permission to appeal was granted…