
    The People of the State of New York, Respondent, v Melvin Carter, Appellant.
   Judgment unanimously affirmed. Under the circumstances the issue of ineffective assistance of counsel should properly be raised in a motion to vacate the judgment pursuant to CPL 440.10 (see People v Crump, 74 AD2d 719). (Appeal from judgment of Erie County Court —burglary, third degree and another charge.) Present—Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.  