People v. Cortez

Contrary to the defendant’s contention, the trial court did not act improperly in denying, without a hearing, his motion pursuant to CPL 440.10 to vacate the judgment. The instant application constituted the defendant’s second motion pursuant to CPL 440.10 premised on ineffective assistance of trial counsel, and, accordingly, the question of whether to hold a hearing on the instant application, albeit premised on new or additional facts, rested in the exercise of the trial court’s discretion (see, CPL 440.10 [3] [b], [c]; People v Mazzella, 13 NY2d 997, 998). Based on the facts and…