People v. Toal

—Appeal by the defendant, by permission, from an order of the County Court, Suffolk County (Weber, J.), dated August 22, 1996, which denied, without a hearing, his motion to vacate a judgment of conviction rendered November 27, 1990, which was affirmed by decision and order of this Court dated October 18, 1993 (see, People v Tool, 197 AD2d 650).

Ordered that the order is affirmed.

CPL 440.30 (4) (d) states that a court may deny a defendant’s motion to vacate a judgment without a hearing if “[a]n allegation of fact essential to support the motion (i) is contradicted by a court record or other…