Ordered that the appeal from the order entered July 17, 1985 is dismissed, as that order was superseded by the order entered September 10, 1985, made upon reargument; and it is further,
Ordered that the order entered September 10, 1985 is affirmed insofar as appealed from.
We find that the Supreme Court properly denied the defendant's motion to vacate the judgment of conviction premised on ineffective assistance of counsel (see, CPL 440.10). The claims asserted in support of the application were previously determined on the merits upon the defendant's direct appeal from the judgment (see, CPL 440.10 [a]; People v. Purcell, 80 A.D.2d 1002), or could have been, but were not raised upon the direct appeal (see, CPL 440.10 [c]), or were unsubstantiated by sworn allegations (see, CPL 440.30 [b]), or, to the extent they were premised on facts not apparent from the record, did not include material allegations which would entitle the defendant to vacatur of the conviction on the ground of ineffective assistance of trial counsel (see, People v. Satterfield, 66 N.Y.2d 796, 799-800; People v. Baldi, 54 N.Y.2d 137; People v. Settembre, 152 A.D.2d 681). Kunzeman, J.P., Kooper, Sullivan and Harwood, JJ., concur.