Opinion
368 KA 19-00237
06-11-2021
The PEOPLE of the State of New York, Respondent, v. Bayron CASTRO, Defendant-Appellant. (Appeal No. 2.)
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (KENNETH H. TYLER, JR., OF COUNSEL), FOR RESPONDENT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (KENNETH H. TYLER, JR., OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, TROUTMAN, WINSLOW, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed.
Memorandum: Defendant appeals, by permission of this Court, from an order that denied his motion and supplemental motion (motions) pursuant to CPL 440.10 to vacate a judgment convicting him upon his plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree ( Penal Law § 220.39 [1] ). We reject defendant's contention that Supreme Court abused its discretion in denying the motions without a hearing ( see generally People v. Wright , 27 N.Y.3d 516, 520, 35 N.Y.S.3d 286, 54 N.E.3d 1157 [2016] ). Under the circumstances of this case, we conclude that there is no " ‘reasonable possibility’ " that defendant would have rejected the plea bargain if the People had timely provided the Brady material in question ( People v. Fuentes , 12 N.Y.3d 259, 263, 879 N.Y.S.2d 373, 907 N.E.2d 286 [2009], rearg denied 13 N.Y.3d 766, 886 N.Y.S.2d 866, 915 N.E.2d 1163 [2009] ).