Appellate Division of the Supreme Court of the State of New York November 18, 2002 (People v. Leybinsky)

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Vaughan, J.), entered January 23, 2001, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of conviction of the same court, rendered June 18, 1996, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.