While we agree with defendant that his motion contained non-record factual allegations that could not have been made on direct appeal, we find that the motion was properly denied. Defendant's allegations, some of which were made solely by defendant, were contradicted by his counsel, and which, we find, could not possibly be true (see, CPL 440.30 [4] [d]), do not establish ineffective assistance of trial counsel (see, People v Benevento,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.