Appellate Division of the Supreme Court of the State of New York January 28, 2003 (People v. Johnson)

—Judgment, *463Supreme Court, New York County (Marcy Kahn, J.), rendered December 17, 1999, convicting defendant, after a nonjury trial, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 5V2 to 11 years, and order, same court and Justice, entered on or about June 29, 2001, which denied defendant’s motion to vacate