— Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Chautauqua County Court (John T. Ward, J.), entered August 6, 2007. The order denied the motion of defendant for leave to renew his motion pursuant to CPL 440.10.
It is hereby ordered that the order so appealed from is unanimously affirmed. Present — Hurlbutt, J.E, Smith, Centra, Green and Pine, JJ.