Appellate Division of the Supreme Court of the State of New York February 13, 2014 (People v. McCrory)

Appeal by the defendant, by permission, from an order of the Supreme Court, Westchester County (Lorenzo, J.), entered September 28, 2010, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court (Perone, J.) rendered April 19, 2001, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.