People v. Lebron
| Decision Date | 13 May 2015 |
| Docket Number | 2013-04998 |
| Citation | 128 A.D.3d 851,2015 N.Y. Slip Op. 04148,9 N.Y.S.3d 128 |
| Parties | The PEOPLE, etc., respondent, v. Armando LEBRON, appellant. |
| Court | New York Supreme Court — Appellate Division |
128 A.D.3d 851
9 N.Y.S.3d 128
2015 N.Y. Slip Op. 04148
The PEOPLE, etc., respondent
v.
Armando LEBRON, appellant.
2013-04998
Supreme Court, Appellate Division, Second Department, New York.
May 13, 2015.
Lynn W.L. Fahey, New York, N.Y. (Tammy Linn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Nicoletta J. Caferri, and Jennifer Hagan of counsel), for respondent.
L. PRISCILLA HALL, J.P., SANDRA L. SGROI, ROBERT J. MILLER, and SYLVIA O. HINDS–RADIX, JJ.
Opinion
Appeal by the defendant, by permission, from an order of the Supreme Court, Queens County (Buchter, J.), dated April 15, 2013, which, upon a decision of the same court dated April 15, 2013, denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered January 12, 2009, convicting him of murder in the second degree
(two counts) and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the order is affirmed.
By judgment rendered January 12, 2009, the defendant was convicted of murder in the second degree (two counts) and criminal possession of a weapon in the fourth degree. He appealed from the judgment, arguing, among other things, that he was denied the effective assistance of counsel. This Court affirmed the judgment (see People v. Lebron, 87 A.D.3d 1162, 929 N.Y.S.2d 877 ). Thereafter, the defendant moved pro se pursuant to CPL 440.10 to vacate the judgment on the ground that he was denied the effective assistance of counsel. The Supreme Court denied the motion without a hearing.
CPL 440.10 “provides that a court ‘must deny’ a motion to vacate a judgment of conviction when the ground or issue raised ‘was previously...
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