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PEOPLE v. WAYMON

65 A.D.3d 708 (2009)

883 N.Y.S.2d 911

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON WAYMON, True Name of WAYMON AARON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 25, 2009.

Ordered that the order is affirmed.

To obtain a hearing on a motion to vacate a judgment of conviction, it is the defendant's burden as movant to come forward with allegations that raise a triable issue of fact sufficient to challenge the presumed validity of a judgment of conviction (see People v Session, 34 N.Y.2d 254, 255-256 [1974]; People v Bacchi, 186 A.D.2d 663, 664-665 [1992...

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