Opinion
July 24, 1989
Appeal from the County Court, Westchester County (Martin, J.).
Ordered that the order of the County Court, Westchester County, entered July 13, 1984, is reversed, the matter is remitted to the County Court, Westchester County, for a hearing and determination on the defendant's motion pursuant to CPL 440.10 consistent with People v Winkler ( 74 N.Y.2d 704, supra), and the appeal from the judgment rendered October 30, 1981 is held in abeyance in the interim. Mollen, P.J., Thompson, Kunzeman and Rubin, JJ., concur.