PEOPLE v. SMILEY

2008-02405.

67 A.D.3d 713 (2009)

886 N.Y.S.2d 893

2009 NY Slip Op 08046

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD SMILEY, Appellant.

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

Decided November 4, 2009.


Ordered that the order is affirmed.

The defendant contends that the Supreme Court erroneously denied, without a hearing, his motion pursuant to CPL 440.10 to vacate his judgment of conviction on the ground that he was denied the effective assistance of counsel. In support of his CPL 440.10 motion, the defendant submitted his own affidavit wherein he alleged that trial counsel failed to inform him of the maximum sentence he faced in the event that he chose to reject...

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