People v. Smith

*582OPINION OF THE COURT

Joseph Kevin McKay, J.

Defendant has moved pursuant to CPL 440.10 (1) (h)1 to vacate the judgment of conviction against him for murder in the second degree and criminal possession of a weapon in the second degree rendered December 23, 1993, and for a new trial on the grounds that he was deprived of his constitutional right to a fair trial by virtue of ineffective assistance of trial counsel.

Defendant has already perfected his direct appeal in the Appellate Division, Second Department, which Court, having denied a motion to stay the appeal pending the determination of this…