Ordered that the order is affirmed.
The Supreme Court properly denied, without a hearing, the defendant's motion, inter alia, pursuant to CPL 440.10 to vacate his judgment of conviction.
The defendant's claim that the trial court improperly granted the People's peremptory challenge to a nonwhite juror is based on matter in the record of the direct appeal and should have been raised on direct appeal (see CPL 440.10 [2] [c]).
Similarly, the facts...
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