People v. Felton

Order, Supreme Court, Bronx County (John Byrne, J.), entered March 7, 1995, which denied defendant’s motion to vacate the judgment of the Supreme Court, Bronx County (Fred Eggert, J.), rendered June 7, 1982, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 18 years to life, unanimously affirmed.

*121The motion court was procedurally barred from considering the merits of defendant’s CPL 440.10 motion. Sufficient facts appeared on the record to have permitted appellate counsel to raise the issue of written jury instructions on defendant’s 1984…