Appeal, by permission, from an order of the County Court of Rensselaer County (Dwyer, Jr., J.), entered August 11, 1989, which denied defendant’s motion pursuant to CPL 440.10 to vacate a judgment convicting him of the crime of murder in the second degree, without a hearing.

Order affirmed (see, People v Decker, 134 AD2d 726). Kane, J. P., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.