PEOPLE v. JESUS (2007)

Defendant appeals from an order denying his motion pursuant to CPL 440.10(1)(h) to vacate the judgment convicting him of, inter alia, two counts of attempted murder in the first degree (People v. DeJesus, 236 A.D.2d 791, 656 N.Y.S.2d 978, lv. denied 89 N.Y.2d 1091, 660 N.Y.S.2d 385, 682 N.E.2d 986, 91 N.Y.2d 872, 668 N.Y.S.2d 570, 691 N.E.2d 642).   Contrary to defendant's contention, County Court properly denied the motion without a hearing.   Defendant contended in support of the motion that he was denied effective assistance of counsel but his submissions, which do not include an affidavit from trial counsel, are insufficient to warrant a hearing with respect to his allegation that trial counsel was ineffective in failing to advise him during plea negotiations of his possible sentencing exposure upon conviction after trial (see generally People v. Rosario, 309 A.D.2d 537, 538, 765 N.Y.S.2d 320, lv. denied 1 N.Y.3d 579, 775 N.Y.S.2d 795, 807 N.E.2d 908;  People v. Stewart, 295 A.D.2d 249, 249-250, 745 N.Y.S.2d 151, lv. denied 99 N.Y.2d 540, 752 N.Y.S.2d 601, 782 N.E.2d 579, cert. denied 538 U.S. 1003, 123 S.Ct. 1907, 155 L.Ed.2d 834;  cf. People v. Reynolds, 309 A.D.2d 976, 766 N.Y.S.2d 142;  People v. Perron, 273 A.D.2d 549, 550, 710 N.Y.S.2d 134).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: