Appellate Division of the Supreme Court of the State of New York May 1, 1995 (People v. Vacante)

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Aiello, J.), dated June 8, 1993, which denied his motion, pursuant to CPL 440.10, to vacate a judgment of conviction rendered November 8, 1989, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the order is affirmed.