Appellate Division of the Supreme Court of the State of New York November 27, 2002 (People v. Bates)

Cardona, P.J.

Appeals (1) from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered April 10, 2000, upon a verdict convicting defendant of the crime of burglary in the third degree, and (2) by permission, from an order of said court, entered August 15, 2001, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.