Legal Opinion

People v. Wells

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 1999PublishedCited by 6 opinions

1Opinion of the Court

—Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Gary, J.), dated September 3, 1998, which denied his motion pursuant to CPL 440.10 to vacate the judgment of conviction rendered May 13, 1996.

Ordered that the order is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly denied his motion pursuant to CPL 440.10 without a hearing since he failed to submit sworn allegations substantiating or tending to substantiate all essential facts necessary to support his claim (see, CPL 440.30 [4] [b]; People v Ford, 46 NY2d 1021, 1023; People…

2Cases cited3 opinions

  1. People v. FordNew York Court of Appeals · 1979
  2. People v. LekaAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. LawsonAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by6 opinions

  1. Charles C. Greiner v. Ronald WellsCourt of Appeals for the Second Circuit · 2005
  2. People v. GroveAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. HayesAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. WellsAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2005

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