People v. Gutierrez

The County Court denied the defendant’s motion to vacate his judgment pursuant to CPL 440.10. We affirm, although for reasons other than those relied upon by the County Court.

That branch of the defendant’s motion pertaining to his legal sufficiency argument should have been denied pursuant to CPL 440.10 (3) (a). That section provides, in pertinent part, that the motion court may deny a motion to vacate a judgment pursuant to CPL 440.10 when, “[although facts in support of the ground or issue raised upon the motion could with due diligence by the defendant have readily beén made to appear on…