PEOPLE v. RODRIGUEZ

Ind. No. 1496/11. Appeal No. 16897. Case No. 2021-02574.

211 A.D.3d 544 (2022)

180 N.Y.S.3d 32

2022 NY Slip Op 07166

The People of the State of New York, Respondent, v. Jeramie Rodriguez, Appellant.

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

Decided December 15, 2022.


Attorney(s) appearing for the Case

Carrillo & Carrillo LLC, Brooklyn ( Charlie Carrillo of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( T. Charles Won of counsel), for respondent.

Concur—Scarpulla, J.P., Shulman, Rodriguez, Higgitt, JJ.


Order, Supreme Court, Bronx County (Alvin M. Yearwood, J.), entered on or about June 14, 2021, which denied defendant's CPL 440.10 motion to vacate the judgment, unanimously affirmed.

The court providently exercised its discretion in denying defendant's CPL 440.10 motion without holding a hearing (see People v Samandarov, 13 N.Y.3d 433, 439-440 [2009]; People v Satterfield, 66 N.Y.2d 796

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