DECISION AND ORDER
JOHN G. INGRAM, Judge.
Defendant pro se moves pursuant to CPL 440.10 to vacate the judgment which convicted him, upon a guilty plea, of assault in the first degree. Defendant claims that his constitutional right to the effective assistance of counsel was violated, and that his plea was invalid. Defendant's motion is denied because it is, in part, procedurally barred, and, in part, without merit.
FINDINGS OF FACT
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