People v. Rauf

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), *493entered on or about September 25, 2012, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction of the same court (Phylis Skloot Bamberger, J.), rendered January 15, 2004, unanimously affirmed.

The court properly denied the motion because it was based on claims that were either previously determined on the merits on the direct appeal from the judgment (see CPL 440.10 [2] [a]) or should have been raised on that appeal (see CPL 440.10 [2] [c]; People v Jackson, 266 AD2d 163 [1st Dept 1999], lv denied 94 NY2d 921…