Opinion
2017-04974 Ind. No. 2097/11
05-27-2020
The PEOPLE, etc., Respondent, v. Anthony ROBINSON, Appellant.
Del Atwell, East Hampton, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Lauren Tan, Marion Tang, and Glenn Green of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Lauren Tan, Marion Tang, and Glenn Green of counsel), for respondent.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, by permission, from an order of the County Court, Suffolk County (John J. Toomey, J.), dated March 21, 2017, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered May 8, 2013, convicting him of robbery in the first degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
ORDERED that the order is affirmed. The County Court did not improvidently exercise its discretion in denying the defendant's motion 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 ineffective assistance of counsel argument in his two previous motions pursuant to CPL 440.10, but did not do so (see CPL 440.10[3][c] ; People v. Huggins, 130 A.D.3d 1069, 13 N.Y.S.3d 847 ). In addition, the defendant failed to establish good cause that would merit granting the motion (see CPL 440.10[3] ; see also Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 ; People v. O'Kane, 30 N.Y.3d 669, 70 N.Y.S.3d 877, 94 N.E.3d 440 ; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
RIVERA, J.P., BALKIN, LEVENTHAL and IANNACCI, JJ., concur.