New York Supreme Court April 25, 1980 (People v. Wise)

OPINION OF THE COURT

Joseph Slavin, J.

The defendant moves under CPL 440.10 (subd 1, pars [d], [h]; subd 2, par [a]; subd 4) for an order setting aside the defendant’s conviction and either dismissing the indictment or granting defendant a new trial. The defendant was previously convicted of felony murder in this court under Indictment No.