Appeal from an order of the Monroe County Court (Frank P Geraci, Jr., J.), entered February 6, 2001. The order denied the motion of defendant pursuant to CPL 440.10 to vacate his judgment of conviction.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.
Same memorandum as in People v Pope (6 AD3d 1128 [2004]). Present—Wisner, J.P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.