People v Woolfolk
2006 NY Slip Op 01673 [27 AD3d 841]
March 9, 2006
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 17, 2006


The People of the State of New York, Appellant, v Matthew Woolfolk, Also Known as Sonny, Respondent.

[*1]Appeal from an order of the County Court of Broome County (Smith, J.), entered July 27, 2004, which granted defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crimes of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the fourth degree without a hearing.

Order affirmed, upon the opinion of Judge Martin E. Smith.

Mercure, J.P., Crew III, Peters, Mugglin and Kane, JJ., concur. Ordered that the order is affirmed.