People v. Morillo

Appeals by the defendant (1) from a judgment of the Supreme Court, Queens County (Kron, J.), rendered March 31, 2009, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence, and (2), by permission, from an order of the same court dated September 17, 2010, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate the judgment of conviction.

Ordered that the order is reversed, on the law, the defendant’s motion pursuant to CPL 440.10 to vacate the judgment of *910conviction is granted, the judgment is vacated, and the indictment is dismissed,…