Majority
p. 1499The People of the State of New York, Respondent, v Daniel Jones, Appellant. [986 NYS2d 373]
— Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Erie County (Penny M. Wolfgang, J.), dated January 9, 2013. The order denied the motion of defendant to vacate the judgment of conviction pursuant to CPL 440.10.
It is hereby ordered that the order so appealed from is unanimously affirmed.
Present — Scudder, PJ., Centra, Fahey, Sconiers and Valentino, JJ.