Opinion
3598, 3598A, 3598B.
Decided May 11, 2004.
Judgments, Supreme Court, New York County (Bonnie Wittner, J.), rendered October 27, 2000, convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the second degree and reckless endangerment in the second degree and sentencing him to an aggregate term of 4 years to life, respectively; and order, same court and Justice, entered on or about December 20, 2001, which denied defendant's motion to vacate the judgment of conviction, unanimously affirmed.
Feldman and Feldman, Hauppauge, (Steven A. Feldman of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Melissa B. Marrus of counsel), for respondent.
Before: Nardelli, J.P., Lerner, Friedman, Gonzalez, JJ.
The court properly denied defendant's CPL 440.10 motion without a hearing ( see People v. Satterfield, 66 N.Y.2d 796, 799-800). Defendant's factual allegations were insufficient to support a claim that his guilty plea should be vacated on the ground of ineffective assistance of counsel ( see Hill v. Lockhart, 474 U.S. 52, 59-60; People v. McDonald, 1 N.Y.3d 109). Furthermore, the plea and sentence minutes establish that counsel provided effective assistance ( see People v. Ford, 86 N.Y.2d 397, 404).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.