People v. Wells

Appellate Division of the Supreme Court of New York

People v. Wells

265 A.D.2d 589, 696 N.Y.S.2d 893, 1999 N.Y. App. Div. LEXIS 10785

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 25, 1999

StatusPublished

Cited by7 cases

This text of 265 A.D.2d 589 (People v. Wells) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Wells, 265 A.D.2d 589, 696 N.Y.S.2d 893, 1999 N.Y. App. Div. LEXIS 10785 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Gary, J.), dated September 3, 1998, which denied his motion pursuant to CPL 440.10 to vacate the judgment of conviction rendered May 13, 1996.

Ordered that the order is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly denied his motion pursuant to CPL 440.10 without a hearing since he failed to submit sworn allegations substantiating or tending to substantiate all essential facts necessary to support his claim (see, CPL 440.30 [4] [b]; People v Ford, 46 NY2d 1021, 1023; People v Leka, 209 AD2d 723, 725; People v Lawson, 191 AD2d 514, 515). O’Brien, J. P., Sullivan, Altman and Krausman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Gary, J.), dated September 3, 1998, which denied his motion pursuant to CPL 440.10 to vacate the judgment of conviction rendered May 13, 1996.

Ordered that the order is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly denied his motion pursuant to CPL 440.10 without a hearing since he failed to submit sworn allegations substantiating or tending to substantiate all essential facts necessary to support his claim (see, CPL 440.30 [4] [b]; People v Ford, 46 NY2d 1021, 1023; People v Leka, 209 AD2d 723, 725; People v Lawson, 191 AD2d 514, 515). O’Brien, J. P., Sullivan, Altman and Krausman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

265 A.D.2d 589, 696 N.Y.S.2d 893, 1999 N.Y. App. Div. LEXIS 10785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wells-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack