People v. Taylor

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE TAYLOR, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 31, 1995

211 A.D.2d 603 (N.Y. App. Div. 1995)

621 N.Y.S.2d 877

Opinion

January 31, 1995

Appeal from the Supreme Court, Bronx County (Martin Marcus, J.).

Since defendant merely submitted his own affidavit and that of his appellate attorney, who had no personal knowledge of the facts, the motion to vacate judgment on the ground that trial counsel allegedly failed to present defendant's desire to testify before the Grand Jury was properly denied since it was unsupported by any other affidavits or evidence (CPL 440.30 [d]; People v. Brown, 176 A.D.2d 641, lv denied 79 N.Y.2d 944).

Concur — Rosenberger, J.P., Kupferman, Nardelli and Tom, JJ.