Opinion
Argued September 21, 1999
October 25, 1999
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Gary, J.).
ORDERED that the order is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied his motion pursuant to CPL 440.10 without a hearing since he failed to submit sworn allegations substantiating or tending to substantiate all essential facts necessary to support his claim (see, CPL 440.30[4][b]; People v. Ford, 46 N.Y.2d 1021, 1023 ; People v. Leka, 209 A.D.2d 723, 725 ; People v. Lawson, 191 A.D.2d 514, 515 ).
O'BRIEN, J.P., SULLIVAN, ALTMAN, and KRAUSMAN, JJ., concur.