People v. Ballard 87 A.D.2d 616

Appeal by defendant, by permission, from an order of the County Court, Nassau County (Baker, J.), dated January 14,1977, which denied his motion to vacate a judgment of conviction rendered August 9,1976. Order affirmed. The decisions in People v Rogers (48 NY2d 167) and People v Bartolomeo (53 NY2d 225) do not apply since defendant has exhausted the appellate process with respect to the underlying judgment (see People v Ballard, 68 AD2d 929, mot for lv to app den 47 NY2d 802). Mollen, P. J., Lazer, O’Connor and Bracken, JJ., concur.