People v. Giuca

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Harms, J.), dated April 1, 2009, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered October 19, 2005, convicting him of murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second 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 to CPL 440.10 to vacate his judgment of…