Mugglin, J.
Following a jury trial, defendant was convicted of murder in the second degree and sentenced to a term of imprisonment of 25 years to life. Defendant then sought to vacate the judgment of conviction pursuant to CPL 440.10 contending that due to his impaired hearing, he failed to hear most of what transpired during the trial and, therefore, was unable to fully participate in his defense. County Court denied this motion without a hearing and a Justice of...
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