PEOPLE v. COLEMAN


37 A.D.3d 491 (2007)

827 N.Y.S.2d 878

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN COLEMAN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 6, 2007.


Ordered that the order is affirmed.

In deciding a motion pursuant to CPL 440.10, the trial court need not hold a hearing if the parties' submissions are sufficient to render a determination (see CPL 440.30 [1], [4]; People v Satterfield, 66 N.Y.2d 796, 799 [1985]; People v Demetsenare, 14 A.D.3d 792, 793 [2005]). The defendant must show that the nonrecord facts sought to be...

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