The People of the State of New York, Respondent, v. Joseph V. Augello, Appellant, 21 A.D.2d 846

Order unanimously affirmed. Memorandum: The appellant did not ask for assignment of counsel on this appeal. (Appeal from order of Brie Special Term denying, without a hearing, motion to vacate a judgment of conviction for murder, first degree, rendered March 9, 1944.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Veeehio, JJ.