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PEOPLE v. BLAKE

Ind. No. 58/07. Appeal No. 17033. Case No. 2018-2770.

212 A.D.3d 411 (2023)

181 N.Y.S.3d 78

2023 NY Slip Op 00035

The People of the State of New York, Respondent, v. Andrew Blake, Appellant.

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

Decided January 5, 2023.

Attorney(s) appearing for the Case

Caprice R. Jenerson, Office of the Appellate Defender, New York (Shezza Abboushi Dallal of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Faith DiTrolio of counsel), for respondent.

Concur—Renwick, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about December 22, 2017, which denied defendant's CPL 440.10 motion to vacate a judgment rendered April 7, 2009, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion without holding a hearing (see People v Samandarov, 13 N.Y.3d 433, 439-440 [2009]). Regardless of any factual dispute about the existence of...

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