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People v. Colon

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 22, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MARIO COLON, ETC., DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), rendered May 4, 2006, convicting defendant, upon his plea of guilty, of grand larceny in the second degree, and sentencing him to a term of 1 to 3 years, and order, same court and Justice, entered on or about July 28, 2008, which denied defendant's CPL 440.10 motion to vacate the judgment, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Mazzarelli, Acosta, DeGrasse, Richter, JJ.

3481/04

After a thorough hearing on the CPL 440.10 motion, the court properly found that defendant's plea was voluntary and that it was made with effective assistance of counsel (see People v Ford, 86 NY2d 397, 404 [1995]). There is no basis for disturbing the court's determinations concerning credibility. The record of the plea, sentencing and hearing completely refutes defendant's present claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100422

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