Appeal, by permission, from an order of the Justice Court of the Village of Mamaroneck, Westchester County (Daniel J. Gallagher, J.), dated June 18, 2009. The order denied, without a hearing, defendant's motion to vacate a judgment of conviction entered December 11, 2008.

ORDERED that the matter is remitted to the Justice Court of the Village of Mamaroneck to set forth findings of fact, conclusions of law, and reasons for its determination, in accordance with CPL 440.30 (7), and the appeal is held in abeyance pending the issuance of the findings of fact, conclusions of law, and reasons for the determination.

In denying defendant's motion pursuant to CPL 440.10 to vacate a judgment of conviction, the Justice Court failed to comply with CPL 440.30 (7), which provides that "[r]egardless of whether a hearing was conducted, the court, upon determining the motion, must set forth on the record its findings of fact, its conclusions of law and the reasons for its determination." Accordingly, the appeal is held in abeyance and the matter is remitted to the Justice Court of the Village of Mamaroneck for a statement in accordance with CPL 440.30 (7) (see People v Isaacs, 71 AD3d 1162 [2010]; People v Williams, 184 AD2d 608 [1992]; People v Brown, 66 AD2d 785 [1978]).

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: July 07, 2011