People v. DeJesus
835 N.Y.S.2d 792
N.Y. App. Div.
2007
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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v RICARDO SANTIAGO DEJESUS, Also Known as JUAN A. COTTO RIVERA, Appellant.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

February 1, 2005

835 N.Y.S.2d 792

The People of the State of New York, Respondent, v Ricardo Santiago DeJesus, Also Known as Juan A. Cotto Rivera, Appellant. [835 NYS2d 792]—Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Erie County Court (Michael L. D‘Amico, J.), entered February 1, 2005. The order denied the motion of defendant pursuant to CPL 440.10 (1) (h) to vacate the judgment convicting him of, inter alia, attempted murder in the first degree (two counts).

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from an order denying his motion pursuant to CPL 440.10 (1) (h) to vacate the judgment convicting him of, inter alia, two counts of attempted murder in the first degree (

,
,
). Contrary to defendant‘s contention, County Court properly denied the motion without a hearing. Defendant contended in support of the motion that he was denied effective assistance of counsel but his submissions, which do not include an affidavit from trial counsel, are insufficient to warrant a hearing with respect to his allegation that trial counsel was ineffective in failing to advise him during plea negotiations of his possible sentencing exposure upon conviction after trial (see generally
,
;
,
,
; cf.
;
). Present—Gorski, J.P., Martoche, Centra, Lunn and Green, JJ.