People v. Gee

Appeal by the defendant, by permission, from an order of the County Court, Suffolk County (Vaughn, J.), dated March 29, 1988, which denied his motion pursuant to CPL 440.10 to vacate a judgment of the same court, rendered November 18, 1985, convicting him of robbery in the first degree. By decision and order of this court dated October 31, 1988, the judgment was affirmed (People v Gee, 143 AD2d 1039).

Ordered that the order is affirmed.

The trial court did not improperly exercise its discretion in denying the defendant’s CPL 440.10 motion without first conducting an evidentiary hearing. The…