Opinion
03-27-2024
The PEOPLE, etc., respondent, v. Robert MAFFEI, appellant.
Patricia Pazner, New York, NY (David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Ann Bordley, and Daniel Berman of counsel), for respondent.
Patricia Pazner, New York, NY (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Ann Bordley, and Daniel Berman of counsel), for respondent.
VALERIE BRATHWAITE NELSON, J.P., JOSEPH J. MALTESE, LINDA CHRISTOPHER, CARL J. LANDICINO, JJ.
DECISION & ORDER
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (John T. Hecht, J.), dated July 28, 2021, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court (Robert K. Holdman, J.) rendered May 21, 2008, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the order is affirmed.
The defendant was convicted, upon a jury verdict, of murder in the second degree. The judgment of conviction was affirmed on direct appeal (see People v. Maffei, 165 A.D.3d 1173, 86 N.Y.S.3d 201, affd 35 N.Y.3d 264, 127 N.Y.S.3d 403, 150 N.E.3d 1169). Thereafter, the defendant moved pursuant to CPL 440.10 to vacate the judgment of conviction on the ground of ineffective assistance of counsel based on defense counsel’s failure to challenge a potentially biased prospective juror. The Supreme Court denied the motion without a hearing.
The Supreme Court did not err in denying the defendant’s motion without a hearing. Contrary to the defendant’s contention, the court could determine from the parties’ submissions that the defendant was not deprived of the effective assistance of counsel (see People v. Viera, 200 A.D.3d 726, 727, 154 N.Y.S.3d 871; People v. Brown, 183 A.D.3d 910, 911–912, 124 N.Y.S.3d 711). The defendant failed to show that trial counsel acted without strategic or other legitimate explanation for the challenged conduct (see People v. Viera, 200 A.D.3d at 727, 154 N.Y.S.3d 871) or that trial counsel’s single alleged error was sufficiently egregious and prejudicial as to compromise his right to a fair trial (see People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213).
BRATHWAITE NELSON, J.P., MALTESE, CHRISTOPHER and LANDICINO, JJ., concur.