It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
County Court did not err in denying without a hearing the motion of defendant pursuant to CPL 440.10 to vacate the judgment convicting him of rape in the first degree (Penal Law § 130.35 [1]). In support of the motion, defendant contended that the court violated CPL 310.30 by failing to notify defendant and defense counsel of the contents of...
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