| People v Mims |
| 2012 NY Slip Op 02710 [94 AD3d 909] |
| April 10, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Mims, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Rossof counsel), for respondent.
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County(Chun, J.), entered April 30, 2009, which denied, without a hearing, his motion pursuant to CPL440.10 to vacate a judgment of the same court dated June 2, 2004, convicting him of robbery inthe first degree, upon a jury verdict, and imposing sentence.
Ordered that the order is affirmed.
The Supreme Court properly denied, without a hearing, the defendant's motion pursuant toCPL 440.10 to vacate his conviction. Apart from his own self-serving assertions, he failed toprovide any nonhearsay evidence to contradict the record, which indicates that he received theeffective assistance of counsel with respect to the People's plea offers (see CPL 440.30[4] [d]; People v Fernandez, 5NY3d 813 [2005]; People vLane, 83 AD3d 1118, 1119 [2011]; People v Rogers, 8 AD3d 888, 890-891 [2004]). In addition, therecord does not indicate that the defendant was not present at the proceeding at which thePeople's plea offers were communicated to his trial counsel, and he failed to submit substantialevidence sufficient to overcome the presumption of regularity that attaches to trial proceedings insupport of his claim that his right to be present at the proceeding was violated (see People v Andrew, 1 NY3d546, 547 [2003]; People vVelasquez, 1 NY3d 44, 48 [2003]; People v Bogan, 78 AD3d 855, 856 [2010]; People vTalbert, 303 AD2d 696 [2003]). Dickerson, J.P., Chambers, Austin and Miller, JJ., concur.