Opinion
January 6, 1994
Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).
Defendant's motion to vacate the judgment pursuant to CPL 440.10 on the ground that he did not receive effective assistance of counsel was properly denied without a hearing since the record revealed that there was no reasonable possibility that defendant's allegations were true (CPL 440.30 [d]; see, People v. Satterfield, 66 N.Y.2d 796, 799). The trial court did not abuse its discretion in sentencing defendant pursuant to the plea bargain, where he received a sentence slightly above the permissible minimum for the violent acts perpetrated.
Concur — Murphy, P.J., Kuperman, Asch and Nardelli, JJ.