People v. Brown

Appeal from an order of the Niagara County Court (Peter L. Broderick, Sr., J.), entered February 4, 2003. The order vacated a prior order granting defendant’s motion pursuant to CPL article 440 to vacate a judgment of conviction.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law and the order granted November 7, 2002 is reinstated.

Memorandum: County Court granted the motion of defendant pursuant to CPL 440.10 to vacate the judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fifth…