People v. Cain

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Firetog, J.), dated May 31, 2011, which, after a hearing, denied his motion pursuant to CPL 440.10 to vacate a judgment of conviction of the same court (Collini, J.), rendered June 22, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the order is affirmed.

The defendant was convicted of murder in the second degree in connection with the shooting of Jason Louther in Brooklyn on November 1, 2002. On appeal, the judgment of conviction was affirmed…