People v. Ozuna

Order, Supreme Court, Bronx County (John N. Byrne, J.), entered on or about April 29, 2004, which denied defendant’s CPL 440.10 motion to vacate a judgment of the same court (Lawrence Tonetti, J.), rendered October 10, 2001, convicting defendant, after a jury trial, of criminal contempt in the first degree, and sentencing him to a term of 3½ to 4 years, affirmed.

The court properly denied defendant’s CPL 440.10 motion without a hearing. Defendant claims in his motion (1) that the court improperly limited his cross-examination of the victim, and (2) that defense counsel failed to respond…