Ordered that the order is affirmed.
The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to vacate his judgment of conviction, which was made on the ground that he received ineffective assistance of counsel, since, on a previous motion that the defendant made pursuant to CPL 440.10, he "was in a position adequately to raise the ground or issue underlying the present motion but did not do so" (CPL 440.10 [3] [c]). In addition...
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