Appellate Division of the Supreme Court of the State of New York April 6, 2017 (People v. Morgan)

Clark, J.

Appeals (1) from a judgment of the County Court of Columbia County (Nichols, J.), rendered February 20, 2009, upon a verdict convicting defendant of the crime of murder in the second degree, and (2) by permission, from an order of said court, entered April 17, 2015, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.