| People v Isaacs |
| 2010 NY Slip Op 02815 [71 AD3d 1162] |
| March 30, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Richard Isaacs, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisnerof counsel), for respondent.
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County(Vaughan, J.), dated July 24, 2007, which denied, without a hearing, his motion pursuant to CPL440.10 to vacate a judgment of conviction of the same court rendered June 19, 1996, convictinghim of robbery in the first degree and criminal possession of a weapon in the second degree,upon a jury verdict, and imposing sentence.
Ordered that the matter is remitted to the Supreme Court, Kings County, to set forth findingsof 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 oflaw, and reasons for the determination.
In denying the defendant's motion pursuant to CPL 440.10 to vacate a judgment ofconviction, the Supreme 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, mustset forth on the record its findings of fact, its conclusions of law and the reasons for itsdetermination." Accordingly, the appeal is held in abeyance and the matter is remitted to theSupreme Court, Kings County, for a statement in accordance with CPL 440.30 (7) (seePeople v Williams, 184 AD2d 608 [1992]; People v Brown, 66 AD2d 785 [1978]).Rivera, J.P., Florio, Angiolillo and Belen, JJ., concur.