Appellate Division of the Supreme Court of the State of New York February 11, 2016 (People v. Ryder)

Garry, J.

Appeal, by permission, from an order of the Supreme Court (Breslin, J.), entered January 10, 2014 in Albany County, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of criminal possession of a controlled substance in the third degree, without a hearing.