Thereafter, the Court of Appeals denied Petitioner's request for leave to appeal. People v. Dixon, 5 N.Y.3d 827 (2005). On August 15, 2005, Petitioner filed a second pro se § 440.10 motion to vacate his conviction on the grounds that, inter alia, the trial judge violated his right to a fair trial by allowing the prosecutor to impeach him with his prior criminal convictions, requiring him to wear a sanitation worker's uniform during his trial, and not permitting him to call Seldon as a defense witness.