THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. RAFAEL DIAZ DEFENDANT APPELLANT (2014)

MEMORANDUM AND ORDER

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Monroe County Court (James J. Piampiano, J.), entered August 21, 2012.   The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of murder in the second degree and robbery in the first degree.

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

Memorandum:  Defendant was convicted following a jury trial of murder in the second degree (Penal Law § 125.25[3] [felony murder] ) and robbery in the first degree (§ 160.15[4] ), and the judgment of conviction was affirmed on appeal (People v. Diaz, 38 AD3d 1314, lv denied 9 NY3d 864).   Defendant thereafter moved pursuant to CPL 440.10 to vacate the judgment on the ground that he was denied effective assistance of counsel at trial.   County Court summarily denied the motion, and we granted defendant's CPL 460.15 application for a certificate granting leave to appeal.

Frances E. Cafarell

Clerk of the Court