PEOPLE v. MIMS

2009-05814.

94 A.D.3d 909 (2012)

941 N.Y.S.2d 856

2012 NY Slip Op 2710

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MIMS, Appellant.

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

Decided April 10, 2012.


Ordered that the order is affirmed.

The Supreme Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.10 to vacate his conviction. Apart from his own self-serving assertions, he failed to provide any nonhearsay evidence to contradict the record, which indicates that he received the effective assistance of counsel with respect to the People's plea offers (see CPL 440.30 [4] [d]; People v Fernandez, 5 N.Y...

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