Majority
p. 1408The People of the State of New York, Respondent, v Jose Dealmeida, Appellant. (Appeal No. 2.) [997 NYS2d 661]—
Appeal from an order of the Supreme Court, Oneida County (Barry M. Donalty, A.J.), dated November 15, 2013. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL article 440.
It is hereby ordered that said appeal is unanimously dismissed.
Same memorandum as in People v Dealmeida ([appeal No. 1] 124 AD3d 1405 [2015]).
Present — Centra, J.P, Fahey, Lindley, Sconiers and Whalen, JJ.