People v. Allen

Jul 24, 2019
2016-02341
Versions:174 A.D.3d 815
102 N.Y.S.3d 880
2019 NY Slip Op 5784
2019 NY Slip Op 05784

DECISION & ORDER

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Deborah Dowling, J.), dated December 21, 2015. The order denied, without a hearing, the defendant‘s motion pursuant to CPL 440.10 to vacate a judgment of the same court (John DeLury, J.) rendered January 11, 1996, convicting him of robbery in the first degree (two counts), robbery in the second degree, and assault in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the order is affirmed.

The defendant contends that the Supreme Court erroneously denied, without a hearing, his motion pursuant to CPL 440.10 to vacate his judgment of conviction on the ground that he was denied the effective assistance of counsel. According to the defendant, one of his attorneys misadvised him of the maximum prison sentence exposure, causing him to reject favorable plea offers.

The defendant‘s claim of ineffective assistance of counsel was largely based upon unsubstantiated and self-serving allegations (see CPL 440.30[4][b], [d]). “[U]nder these and all the other circumstances attending the case, there is no reasonable possibility that such allegation[s] [are] true” (CPL 440.30[4][d][ii]). Accordingly, we agree with the Supreme Court‘s denial, without a hearing, of the defendant‘s motion pursuant to CPL 440.10 (see CPL 440.30[4][b], [d]; People v Leftenant, 121 AD3d 1019, 1020; People v Smiley, 67 AD3d 713, 714; People v Waymon, 65 AD3d 708, 709).

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court