Appellate Division of the Supreme Court of the State of New York April 7, 2009 (People v. Whitley)

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about April 16, 2007, which denied defendant’s CPL 440.10 motion to vacate a judgment of the same court (Laura E. Drager, J.), rendered April 18, 2002, convicting him, after a jury trial, of murder in the second degree and sentencing him to a term of 22 years to life, unanimously affirmed.