People v. Sherk

—Order unanimously reversed on the law and matter remitted to Erie County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying without a hearing the motion of defendant pursuant to CPL 440.10 (1) (h) to vacate his conviction on the ground that he was denied his constitutional right to effective assistance of counsel. Defendant’s submissions “tend[ ] to substantiate all the essential facts” necessary to support defendant’s claim of ineffective assistance of counsel (CPL 440.30 [4] [b]). Specifically, defendant asserts that trial counsel…