| People v Waymon |
| 2009 NY Slip Op 06352 [65 AD3d 708] |
| August 25, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Aaron Waymon, True Name of Waymon Aaron,Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karol B. Mangumof counsel), for respondent.
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County(Feldman, J.), entered January 25, 2005, which denied, without a hearing, his motion pursuant toCPL 440.10 to vacate a judgment of the same court rendered June 27, 2001, convicting him ofmurder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the order is affirmed.
To obtain a hearing on a motion to vacate a judgment of conviction, it is the defendant'sburden as movant to come forward with allegations that raise a triable issue of fact sufficient tochallenge the presumed validity of a judgment of conviction (see People v Session, 34NY2d 254, 255-256 [1974]; People v Bacchi, 186 AD2d 663, 664-665 [1992]). Mereconclusory allegations of ultimate facts are insufficient to warrant a hearing (see People vBrown, 56 NY2d 242, 246-247 [1982]; see also People v Broxton, 34 AD3d 491, 492 [2006]). Here, thedefendant's claim of ineffective assistance of trial counsel was largely based uponunsubstantiated conclusory allegations and, thus, his motion pursuant to CPL 440.10 wasproperly denied without a hearing (see People v Brown, 56 NY2d at 246-247; Peoplev Session, 34 NY2d at 256; Peoplev Coleman, 37 AD3d 491 [2007]; People v Broxton, 34 AD3d at 492;People v LaPella, 185 AD2d 861, 862 [1992]). Rivera, J.P., Florio, Dickerson andAustin, JJ., concur.