PEOPLE v. FERNANDEZ

11053.

180 A.D.3d 528 (2020)

115 N.Y.S.3d 892

2020 NY Slip Op 01128

The People of the State of New York, Respondent, v. Salvador Fernandez, Appellant.

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

Decided February 18, 2020.


The court properly denied defendant's motion to vacate judgment, made on the ground of ineffective assistance of trial counsel, without granting a hearing. Defendant's motion contained no additional factual allegations beyond the existing record on direct appeal, including the undisputed fact that trial counsel did not raise several possible suppression issues. On that appeal, this Court found that "the existing record [was] insufficient to establish that any of counsel's...

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