General
The People of the State of New York, Respondent, v. Orlando Medina, Appellant
129 A.D.3d 5049 N.Y.S.3d 875·New York Supreme Court, Appellate Division·2015·NY
Concur — Tom, J.P., Renwick, Andrias, Manzanet-Daniels and Kapnick, JJ.
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Opinion
The People of the State of New York, Respondent, v Orlando Medina, Appellant.
[9 NYS3d 875]
[MAJORITY]
Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 19, 2010, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction rendered January 3, 2001, unanimously affirmed.
The court properly exercised its discretion in denying defendant’s CPL 440.10 motion without holding a hearing (see People v Samandarov, 13 NY3d 433, 439-440 [2009]). Defendant’s assertion that his attorney misadvised him that his guilty plea would not lead to deportation is conclusory, self-contradictory, and unsupported by any information from the attorney or any other evidence (see People v Melo-Cordero, 123 AD3d 595 [1st Dept 2014]; People v Simpson, 120 AD3d 412 [1st Dept 2014], lv denied 24 NY3d 1046 [2014]). Furthermore, defendant did not sufficiently allege that he was prejudiced by the misadvice he claims to have received (see People v Hernandez, 22 NY3d 972, 974-976 [2013]).
Concur — Tom, J.P., Renwick, Andrias, Manzanet-Daniels and Kapnick, JJ.