| People v Colon |
| 2010 NY Slip Op 03248 [72 AD3d 558] |
| April 22, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Mario Colon, Also Known as Mario Conlon,Appellant. |
—[*1]
Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), rendered May 4, 2006,convicting defendant, upon his plea of guilty, of grand larceny in the second degree, andsentencing him to a term of 1 to 3 years, and order, same court and Justice, entered on or aboutJuly 28, 2008, which denied defendant's CPL 440.10 motion to vacate the judgment,unanimously affirmed.
After a thorough hearing on the CPL 440.10 motion, the court properly found thatdefendant's plea was voluntary and that it was made with effective assistance of counsel (seePeople v Ford, 86 NY2d 397, 404 [1995]). There is no basis for disturbing the court'sdeterminations concerning credibility. The record of the plea, sentencing and hearing completelyrefutes defendant's present claims. Concur—Tom, J.P., Mazzarelli, Acosta, DeGrasse andRichter, JJ.