Appellate Division of the Supreme Court of the State of New York March 17, 2009 (People v. Barnes)

Appeal by the defendant, by permission, as limited by his *862brief, from so much of an order of the Supreme Court, Kings County (Collini, J.), dated September 5, 2006, as, upon reargument, adhered to its prior determination in an order dated August 7, 2006, denying, without a hearing, his motion pursuant to CPL 440.20 to set aside a sentence imposed by the same court (Beldock, J.