Order unanimously affirmed. Memorandum: All of the issues raised having been previously presented and passed upon on defendant's appeal from the judgment of conviction (see People v. Scott, 33 A.D.2d 657, Appellant Division order amended April 2, 1970 to state that certain constitutional questions were presented and passed upon, People v. Scott, 34 A.D.2d 726, cert. den., 399 U.S. 914), the court properly denied the petition without a hearing, as well as petitioner's application for the assignment of counsel (see People ex rel. Williams v. La Vallee, 19 N.Y.2d 238.)