People v. Thomas

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Miller, J.), dated August 8, 1994, which denied, without a hearing, his motion to vacate a judgment of conviction rendered June 20, 1989, which was affirmed by decision and order of this Court dated December 14, 1992 (People v Thomas, 188 AD2d 569).

Ordered that the order is affirmed.

The defendant was convicted of murder in the second degree based upon proof that he had beaten and stabbed his girlfriend *485to death in her apartment located at 826 Crown Street in Brooklyn. A witness, who had seen the…