Opinion
2015-06-11
The PEOPLE of the State of New York, Respondent, v. Orlando MEDINA, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Harriett Galvin of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Harriett Galvin of counsel), for respondent.
Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 19, 2010, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered January 3, 2001, unanimously affirmed.
The court properly 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, 892 N.Y.S.2d 823, 920 N.E.2d 930 [2009] ). Defendant's assertion that his attorney misadvised him that his guilty plea would not lead to deportation is conclusory, self-contradictory, and unsupported by any information from the attorney or any other evidence ( see People v. Melo–Cordero, 123 A.D.3d 595, 999 N.Y.S.2d 42 [1st Dept.2014]; People v. Simpson, 120 A.D.3d 412, 990 N.Y.S.2d 813 [1st Dept.2014], lv. denied24 N.Y.3d 1046, 998 N.Y.S.2d 316, 23 N.E.3d 159 [2014] ). Furthermore, defendant did not sufficiently allege that he was prejudiced by the misadvice he claims to have received ( see People v. Hernandez, 22 N.Y.3d 972, 974–976, 978 N.Y.S.2d 711, 1 N.E.3d 785 [2013] ).