PEOPLE v. GONZALEZ

2020-03363. Ind. No. 1738/08.

195 A.D.3d 641 (2021)

144 N.Y.S.3d 642

2021 NY Slip Op 03470

The People of the State of New York, Respondent, v. Olban Gonzalez, Appellant.

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

Decided June 2, 2021.


Attorney(s) appearing for the Case

Leon H. Tracy , Jericho, NY, for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Daniel Bresnahan and Andrew Fukuda of counsel), for respondent.

LaSalle, P.J., Duffy, Brathwaite Nelson and Wooten, JJ., concur.


Ordered that the order entered February 11, 2020, is affirmed.

The Supreme Court properly denied the defendant's motion, inter alia, pursuant to CPL 440.10 to vacate his judgment of conviction, made on the ground of ineffective assistance of counsel. The defendant was in a position to adequately raise his current claim of ineffective assistance of counsel in his previous motion pursuant to CPL 440.10, but did not do so (see CPL 440.10[3][c]; People v Robinson...

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