Opinion
March 9, 1992
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the purported appeal from the judgment is dismissed, for failure to file a notice of appeal from the judgment; and it is further,
Ordered that the order is affirmed and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).
The County Court properly concluded that the defendant's allegations in his CPL 440.10 motion did not warrant vacatur of his guilty plea (see, People v Vance, 7 A.D.2d 661, cert denied 361 U.S. 845; People v Walsh, 119 A.D.2d 780; People v Gale, 130 A.D.2d 588; People v Latella, 112 A.D.2d 321, 322). Mangano, P.J., Lawrence, Eiber and Miller, JJ., concur.