Appeal from an order of the Cayuga County Court (Peter E. Corning, J.), entered December 11, 2002. The order denied defendant’s motion to vacate the judgment of conviction pursuant to CPL 440.10. It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.
Same memorandum as in People v Laraby (4 AD3d 749 [2004]). Present—Pigott, Jr., PJ., Green, Pine, Hurlbutt and Kehoe, JJ.