Appellate Division of the Supreme Court of the State of New York March 7, 1985 (People v. Scarincio)

Yesawich, Jr., J.

Appeal, by permission, from an order of the County Court of Warren County (Moynihan, Jr., J.), entered February 27, 1984, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of criminal sale of a controlled substance in the third degree, after a hearing.