Order affirmed insofar as appealed from.
On review of the record and the extensive procedural history of this case, we agree with Criminal Term that under CPL 440.10 (2) (a), (c), defendant's motion to vacate the judgment must be denied.
By order dated April 9, 1979, we previously affirmed defendant's judgment of conviction, without opinion (People v Kelly, 69 A.D.2d 1022). Further, by order dated June 12, 1980, we denied defendant's pro se motion...
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