| People v Huggins |
| 2015 NY Slip Op 06368 [130 AD3d 1069] |
| July 29, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Coy Huggins, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), forappellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, DianeR. Eisner, and Gamaliel Marrero of counsel), for respondent.
Appeal by the defendant, by permission, from an order of the Supreme Court, KingsCounty (Brennan, J.), entered August 10, 2012, which denied, without a hearing, hismotion pursuant to CPL 440.10 to vacate a judgment of the same court (R. Rivera, J.),rendered December 13, 1999, convicting him of robbery in the first degree (threecounts), upon a jury verdict, and imposing sentence.
Ordered that the order is affirmed.
The Supreme Court did not improvidently exercise its discretion in denying thedefendant's motion to vacate his judgment of conviction, which was made on the groundthat he received ineffective assistance of counsel, since, on a previous motion that thedefendant made pursuant to CPL 440.10, he "was in a position adequately to raise theground or issue underlying the present motion but did not do so" (CPL 440.10 [3] [c]). Inaddition, the ground advanced as the reason to vacate the conviction has been"previously determined on the merits upon a prior motion or proceeding in a [federal]court" (CPL 440.10 [3] [b]; see Huggins v Girdick, 2007 WL 433397, 2007 USDist LEXIS 8725 [ED NY, Feb. 7, 2007, No. 03-CV-3248 (NG/VVP)]). The defendantfailed to establish "good cause" that would merit granting the motion (CPL 440.10 [3];cf. People v Hamilton, 115AD3d 12, 28 [2014]). Balkin, J.P., Austin, Miller and Maltese, JJ., concur.