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PEOPLE v. KHAN

2015-04409, 2016-04159. Ind. No. 1447/13.

153 A.D.3d 935 (2017)

58 N.Y.S.3d 861

2017 NY Slip Op 06376

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARSHAD KHAN, Appellant.

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

Decided August 30, 2017.

Ordered that the judgment and the order are affirmed.

The Supreme Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction. Contrary to the defendant's contention, the court could determine from the parties' submissions that the defendant was not deprived of the effective assistance of counsel (see People v Chin, 148 A.D.3d 926, 926-927 [2017]).

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