People v. Foncette

—Appeal by the defendant from (1) a judgment of the Supreme Court, Queens County (Rotker, J.), rendered November 20, 1990, convicting him of burglary in the second degree, petit larceny, criminal possession of stolen property in the fifth degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence, and (2) by permission, from an order of the same court, dated December 9, 1991, which denied the defendant’s motion to vacate the judgment pursuant to CPL 440.10.

Ordered that the judgment and order are affirmed.

Contrary to the defendant’s contention, the trial…