The court properly exercised its discretion in summarily denying defendant's CPL 440.10 motion. The motion was procedurally barred, because upon defendant's previous 440.10 motion, he "was in a position adequately to raise the ground or issue underlying the present motion but did not do so" (CPL 440.10 [3] [c]). Furthermore the motion was without merit since it was based upon defendant's conclusory and otherwise unsupported claims, which were refuted by the record (see...
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