PEOPLE v. CRUZ

2012-02863, Ind. No. 1561/04.

131 A.D.3d 970 (2015)

16 N.Y.S.3d 584

2015 NY Slip Op 06730

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CRUZ, Appellant.

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

Decided September 2, 2015.


Ordered that the order is affirmed.

The Supreme Court did not err in denying, without a hearing, the defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction, made on the ground that he was denied the effective assistance of trial counsel. As the Supreme Court properly found, the defendant failed to submit sworn allegations substantiating or tending to substantiate all the essential facts relevant to the motion (see CPL 440.30 [4] [b]...

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