Opinion
1612-1612A
September 24, 2002.
Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered December 9, 1999, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, and order, same court and Justice, entered on or about August 24, 2000, which denied defendant's motion pursuant to CPL 440.10, unanimously affirmed.
SUZANNE M. HERBERT, for respondent.
AARON P. MICHEAU, for defendant-appellant.
Before: Williams, P.J., Tom, Rosenberger, Friedman, JJ.
The record of defendant's plea allocution clearly establishes that he pleaded guilty knowingly, intelligently and voluntarily (see People v. Toxey, 86 N.Y.2d 725). Defendant repudiated a letter he had sent to the court proclaiming his innocence and "unreservedly" admitted his guilt. We find no support for defendant's argument that he did not understand that he was forfeiting a possible agency defense, and in any event there was no factual basis for such a defense. Defendant's CPL 440.10 motion did not warrant a hearing since the court had sufficient facts before it to make an informed decision on the merits (see People v. Satterfield, 66 N.Y.2d 796).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.