| People v Smiley |
| 2009 NY Slip Op 08046 [67 AD3d 713] |
| November 4, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ronald Smiley, 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 (Kron, J.), dated January 22, 2008, which denied, without a hearing, his motion pursuantto CPL 440.10 to vacate a judgment of the same court rendered November 3, 2000, convictinghim of attempted murder in the second degree (two counts), assault in the first degree, assault inthe second degree, and criminal possession of a weapon in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the order is affirmed.
The defendant contends that the Supreme Court erroneously denied, without a hearing, hismotion pursuant to CPL 440.10 to vacate his judgment of conviction on the ground that he wasdenied the effective assistance of counsel. In support of his CPL 440.10 motion, the defendantsubmitted his own affidavit wherein he alleged that trial counsel failed to inform him of themaximum sentence he faced in the event that he chose to reject a particular plea offer, and failedto recognize and advise him of the possibility that he could face consecutive sentences. Thedefendant claimed that had he known this information, he would not have rejected the plea offer.Since the defendant's self-serving allegations are not supported by any other affidavit orevidence, and under all the circumstances attending the case, there is no reasonable possibilitythat such allegations are true, the Supreme Court did not improvidently exercise its discretion indenying the defendant's motion without a hearing (see CPL 440.30 [4] [d]; see alsoPeople v Green, 200 AD2d 687 [1994]; People v Pachay, 185 AD2d 287 [1992]; cf. People v Mobley, 59 AD3d741, 742 [2009]). Skelos, J.P., Florio, Balkin and Leventhal, JJ., concur.