| People v Majors |
| 2009 NY Slip Op 01503 [59 AD3d 738] |
| February 24, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Majors, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Edward D. Saslawof counsel), for respondent.
Appeal by the defendant, by permission, from an order of the Supreme Court, QueensCounty (Latella, J.), dated October 19, 2007, which denied, without a hearing, his motionpursuant to CPL 440.10 to vacate a judgment of the same court rendered December 5, 2001,convicting him of attempted murder in the second degree (two counts), robbery in the firstdegree, and criminal possession of stolen property in the third degree, after a nonjury trial, andimposing sentence.
Ordered that the order is affirmed.
The defendant originally was convicted of the charges at issue after a jury trial. Thedefendant successfully moved, on the ground of juror misconduct, to vacate the judgment. Thedefendant was retried and convicted after a nonjury trial. The defendant again moved to vacatethe judgment of conviction against him, claiming that he was denied the effective assistance ofcounsel at his second trial by virtue of his attorney's failure to call an alibi witness. Contrary tothe People's contention, the defendant's claim is not procedurally barred on the ground thatsufficient facts appeared on the record to permit adequate review of the claim on direct appeal(see CPL 440.10 [2] [b]). Nonetheless, on the merits, it appears from the parties'submissions in support of and in opposition to the defendant's motion that the defendant receivedmeaningful representation at his second trial (see People v Baldi, 54 NY2d 137, 147[1981]). Accordingly, we affirm the denial of his motion to vacate the judgment of conviction.Skelos, J.P., Dillon, Angiolillo and Eng, JJ., concur.