His application was denied on July 21, 2000. See People v. Harris, 95 N.Y.2d 853, 714 N.Y.S.2d 4 (2000). Thereafter, petitioner moved to vacate the judgment of conviction, pursuant to New York Criminal Procedure Law ("CPL") § 440.10, on the grounds that: (1) the prosecutor failed, during grand jury proceedings, to obtain a new interpreter for the complaining witness who had stated that he could not understand the interpreter who was assigned to assist him; and (2) he received ineffective assistance of trial counsel.

After the Appellate Division rendered its decision, petitioner applied for leave to appeal to the New York Court of Appeals. His application was denied on July 21, 2000. See People v. Harris, 95 N.Y.2d 853, 714 N.Y.S.2d 4 (2000). On remand, petitioner was sentenced to concurrent terms of three to six years' imprisonment for first-degree robbery, and two and one-quarter to four and one-half years' imprisonment for second-degree robbery.