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People v. Gonzalez

Supreme Court of New York, Appellate Division, Second Department
Jun 2, 2021
No. 2020-03363 (N.Y. App. Div. Jun. 2, 2021)

Opinion

2020-03363 Ind. 1738/08

06-02-2021

The People, etc., respondent, v. Olban Gonzalez, appellant.

Leon H. Tracy, Jericho, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Andrew Fukuda of counsel), for respondent.


Argued - May 18, 2021

D66673 Q/afa

Leon H. Tracy, Jericho, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Andrew Fukuda of counsel), for respondent.

HECTOR D. LASALLE, P.J. COLLEEN D. DUFFY VALERIE BRATHWAITE NELSON PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant, by permission, from an order of the Supreme Court, Nassau County (Patricia A. Harrington, J.), entered February 11, 2020, which denied, without a hearing, his motion, inter alia, pursuant to CPL 440.10 to vacate a judgment of the same court rendered August 12, 2010, convicting him of murder in the second degree, attempted murder in the second degree (three counts), assault in the first degree (three counts), and criminal possession of a weapon in the second degree (four counts).

ORDERED that the order entered February 11, 2020, is affirmed.

The Supreme Court properly denied the defendant's motion, inter alia, pursuant to CPL 440.10 to vacate his judgment of conviction, made on the ground of ineffective assistance of counsel. The defendant was in a position to adequately raise his current claim of ineffective assistance of counsel in his previous motion pursuant to CPL 440.10, but did not do so (see CPL 440.10[3][c]; People v Robinson, 183 A.D.3d 919; People v Huggins, 130 A.D.3d 1069). In addition, the defendant failed to establish good cause that would merit granting the motion, or warrant a hearing (see CPL 440.10[3]; see also Strickland v Washington, 466 U.S. 668; People v Baldi, 54 N.Y.2d 137).

LASALLE, P.J., DUFFY, BRATHWAITE NELSON and WOOTEN, JJ., concur.


Summaries of

People v. Gonzalez

Supreme Court of New York, Appellate Division, Second Department
Jun 2, 2021
No. 2020-03363 (N.Y. App. Div. Jun. 2, 2021)
Case details for

People v. Gonzalez

Case Details

Full title:The People, etc., respondent, v. Olban Gonzalez, appellant.

Court:Supreme Court of New York, Appellate Division, Second Department

Date published: Jun 2, 2021

Citations

No. 2020-03363 (N.Y. App. Div. Jun. 2, 2021)