People v. Ball

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Erie County Court (Joseph P McCarthy, J.), entered June 7, 1999. The order denied the motion of defendant pursuant to CPL 440.20 (1) to set aside his sentence.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court properly denied the motion of defendant to set aside the sentence imposed upon his conviction of burglary in the first degree (Penal Law § 140.30 [2]), robbery in the first…