Opinion
6213, M-1394, M-3533.
June 2, 2005.
Order, Supreme Court, Bronx County (Ira R. Globerman, J.), entered on or about November 26, 2003, which denied defendant's CPL 440.10 motion to vacate a judgment of the same court and Justice, rendered March 5, 2002, convicting him, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of two years, unanimously affirmed.
Marino Veneziano, New York (Amelio P. Marino of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Susan E. Baumgartner of counsel), for respondent.
Before: Buckley, P.J., Tom, Mazzarelli, Ellerin and Gonzalez, JJ.
After a thorough hearing, the court properly denied defendant's motion to vacate judgment. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 NY2d 759, 761). The record establishes that defendant's plea was voluntary, and that his conviction was not the product of duress.