Ordered that the order is affirmed.
The trial court did not improperly exercise its discretion in denying the defendant's CPL 440.10 motion without first conducting an evidentiary hearing. The defendant's allegations of coercion of the guilty plea and ineffective assistance of counsel during the plea proceedings is based upon affidavits from his former defense counsel to the effect that certain nonemergency medical treatment required by the defendant was delayed until...
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