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PEOPLE v. ELLIOT

Ind. No. 5465/10, Appeal No. 2301, Case No. 2019-4541.

2024 NY Slip Op 02758

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE ELLIOT, Defendant-Appellant.

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

Decided May 16, 2024.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Sean Nuttall of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Alex King of counsel), for respondent.

Before: Webber, J.P., Kern, Shulman, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Melissa C. Jackson, J.), entered on or about June 21, 2018, which denied defendant's CPL 440.10 motion to vacate a judgment rendered July 10, 2013, as amended July 29, 2013, unanimously affirmed.

A court may exercise its discretion to summarily deny a motion (see People v Jones, 24 N.Y.3d 623, 635 [2014]) when, among other things, the papers "do not contain sworn allegations substantiating...

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