People v. Ballard — 87 A.D.2d 616

Majority

p. 616

The People of the State of New York, Respondent, v Raymond Ballard, Appellant.

Appeal by defendant, by permission, from an order of the County Court, Nassau County (Baker, J.), dated January 14,1977, which denied his motion to vacate a judgment of conviction rendered August 9,1976. Order affirmed. The decisions in People v Rogers ( 48 NY2d 167 ) and People v Bartolomeo ( 53 NY2d 225 ) do not apply since defendant has exhausted the appellate process with respect to the underlying judgment (see People v Ballard, 68 AD2d 929 , mot for lv to app den 47 NY2d 802 ). Mollen, P. J., Lazer, O’Connor and Bracken, JJ., concur.

Cases cited

People v. Rogers 48 NY2d 167 N.Y. 1979-10-23 p. 616
People v. Bartolomeo 53 NY2d 225 N.Y. 1981-06-16 p. 616