Appellate Division of the Supreme Court of the State of New York July 10, 2008 (People v. DeVivo)

Cardona, P.J.

Appeal, by permission, from an order of the County Court of Broome County (Smith, J.), entered April 17, 2007, which denied defendant’s motion pursuant to CEL 440.20 to, among other things, set aside a part of the sentence.