Opinion
March 15, 1982
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 N.Y.2d 167) and People v. Bartolomeo ( 53 N.Y.2d 225) do not apply since defendant has exhausted the appellate process with respect to the underlying judgment (see People v. Ballard, 68 A.D.2d 929, mot for lv to app den 47 N.Y.2d 802). Mollen, P.J., Lazer, O'Connor and Bracken, JJ., concur.