Appellate Division of the Supreme Court of the State of New York, First Department.
The court's summary rejection of defendant's claim that his conviction was obtained in violation of his constitutional rights (CPL 440.10 [1] [h]) was appropriate (see, CPL 440.30 [4]). The affidavit submitted was not exculpatory and could not have affected defendant's decision to plead guilty. We further note that defendant was represented by counsel...
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