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PEOPLE v. DOGAN

No. 68 SSM 14.

37 N.Y.3d 1007 (2021)

174 N.E.3d 699

152 N.Y.S.3d 674

2021 NY Slip Op 04956

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN DOGAN, Appellant.

Court of Appeals of New York.

Decided September 14, 2021.

Attorney(s) appearing for the Case

David C. Schopp , Legal Aid Bureau of Buffalo, Inc., Buffalo ( Alan Williams of counsel), for appellant.

John J. Flynn , District Attorney, Buffalo ( David A. Heraty of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We review the summary denial of a CPL article 440 motion under an abuse of discretion standard (see People v Wright, 27 N.Y.3d 516, 520 [2016]). It is well settled that a court may deny a CPL 440.10 motion without conducting a hearing if "[t]he motion is based upon the existence or occurrence of facts and

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