It is hereby ordered that the order so appealed from is unanimously affirmed.
Memorandum: Defendant appeals by permission of this Court pursuant to CPL 460.15 from an order denying his motion pursuant to CPL article 440 seeking to vacate the judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25[1]) and criminal possession of a weapon in the second degree (§ 265.03[3]). The proof at trial included the testimony...
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