People v. Blim

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

This CPL 440.10 motion was brought on after defendant’s violation of his original sentence to probation had resulted in the substitution of a prison term. For the first time defendant then claimed that he was denied the right to counsel when he confessed and, thereafter, when he pleaded guilty (see People v Hannigan, 7 NY2d 317, 318). However, whatever merits his appeal in these regards could possess, they rest on a version of the facts rejected by the County Court after a hearing on the motion and then…