Appellate Division of the Supreme Court of the State of New York November 25, 1998 (People v. Hanley)

Mercure, J.

Appeal, by permission, from an order of the County Court of Schenectady County (Eidens, J.), entered March 11, 1998, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of criminal possession of a weapon in the third degree, without a hearing.