People v. McKenzie

2017 NY Slip Op 5243, 151 A.D.3d 1080, 57 N.Y.S.3d 208

Opinions

Appeal by the defendant, by permission, from an order of the County Court, Putnam County (Rooney, J.), dated April 17, 2015, which, without a hearing, denied his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered November 22, 2005, convicting him of robbery in the second degree (three counts), upon his plea of guilty, and imposing sentence.

Ordered that the order is affirmed.

The County Court properly denied the defendant’s motion pursuant to CPL 440.10 to vacate his judgment of conviction on the ground that he was denied the effective assistance of counsel with relation to certain alleged defects in the accusatory instruments. The defendant’s contention could have been raised on direct appeal from the judgment, and, accordingly, the court was required to deny the motion (see CPL 440.10 [2] [c]; People v Cuadrado, 9 NY3d 362 [2007]; People v Smith, 36 AD3d 633, 633-634 [2007]).

Sgroi, Maltese and Duffy, JJ., concur.