Appellate Division of the Supreme Court of the State of New York December 30, 1996 (Woodard v. Feldman)

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the trial court to grant the petitioner’s motion pursuant to CPL 440.10 to vacate a judgment of conviction rendered against him on September 2, 1993, in a criminal action entitled People v Woodard (Kings County Ind. No. 14634/ 92), and application to proceed as a poor person and for the assignment of counsel.