Appellate Division of the Supreme Court of the State of New York August 10, 2006 (People v. Knox)

Spain, J.

Appeal, by permission, from an order of the County Court of Chemung County (Buckley, J.), entered January 25, 2005, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of two counts of the crime of criminal sale of a controlled substance in the third degree, without a hearing.