| People v Watson |
| 2008 NY Slip Op 01984 [49 AD3d 570] |
| March 4, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KyleWatson, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Joseph M. Latino, Steven A. Bender,and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant, by permission, from an order of the County Court, WestchesterCounty (Loehr, J.), entered July 6, 2006, which, without a hearing, denied his motion pursuant toCPL 440.10 to vacate a judgment of the Supreme Court, Westchester County (West, J.), renderedJuly 5, 2000, convicting him of murder in the second degree, upon his plea of guilty, andimposing sentence.
Ordered that the order is affirmed.
The defendant's motion to vacate the judgment was correctly denied because the contentionthat his plea allocution was insufficient could have been raised on his direct appeal and there hasbeen no retroactively effective change in the law controlling that issue (see CPL 440.10[2] [a]; Policano v Herbert, 7 NY3d588, 603 [2006]). The defendant's claim that he was denied the effective assistance ofappellate counsel was improperly raised on this CPL 440.10 motion. The proper procedure foraddressing such a claim is an application for a writ of error coram nobis addressed to this Court(see People v Bachert, 69 NY2d 593, 595-596 [1987]; People v Velez, 286 AD2d406 [2001]).
The defendant's remaining contention is without merit. Spolzino, J.P., Santucci, Angiolilloand Carni, JJ., concur.