People v. Fernandez

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered June 3, 1999, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 12 years, affirmed. Order, same court (John E.H. Stackhouse, J.), entered on or about September 25, 2002, which denied defendant’s motion to vacate the judgment of conviction pursuant to CPL 440.10, affirmed.

We reject defendant’s contention that he is entitled to a hearing on his claim, advanced by way of a motion to set aside his first-degree assault conviction…