People v Colon

People v Colon 2010 NY Slip Op 03248 [72 AD3d 558] April 22, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

The People of the State of New York, Respondent,
v
Mario Colon, Also Known as Mario Conlon, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), for respondent.

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.

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. Concur—Tom, J.P., Mazzarelli, Acosta, DeGrasse and Richter, JJ.