It is hereby ordered that the order so appealed from is unanimously affirmed.
Memorandum: Supreme Court properly denied defendant's motion pursuant to CPL 440.10 seeking to vacate the judgment convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), as charged in a superior court information (SCI). Defendant had waived indictment of a count of criminal possession of a controlled...
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