Appellate Division of the Supreme Court of the State of New York March 25, 2011, Appeal No. 1 (People v. Rivera)

Memorandum: In appeal No. 1, defendant appeals from an order of County Court (Renzi, J.) denying his CPL 440.10 motions to vacate the judgment of County Court (Wisner, J. [hereafter, trial court]) in appeal No. 2, convicting him upon a jury verdict *1591of murder in the second degree (Penal Law § 125.25 [3]).