People v Clancy (Mark)

[*1] People v Clancy (Mark) 2012 NY Slip Op 50087(U) Decided on January 20, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 20, 2012
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : LaCAVA, J.P., NICOLAI and IANNACCI, JJ
2009-1435 W CR. x

The People of the State of New York, Respondent,

against

Mark Clancy, Appellant. x

Appeal, by permission, from an order of the Justice Court of the Village of Mamaroneck, Westchester County (Daniel J. Gallagher, J.), dated June 18, 2009. The order denied, without a hearing, defendant's motion to vacate a judgment of conviction entered December 11, 2008.

ORDERED that the order is affirmed.

Defendant pleaded guilty to criminal impersonation in the second degree (Penal Law § 190.25 [1]). Defendant did not pursue a direct appeal from the judgment of conviction but, rather, moved pursuant to CPL 440.10 to vacate the judgment. The Justice Court denied his motion.

To the extent defendant seeks to raise arguments which could have been raised on a direct appeal, his motion was properly denied (CPL 440.10 [2] [c]). Similarly, to the extent defendant's arguments are either contrary to the record or predicated upon facts and issues which defendant did not diligently act to ensure appeared in the record so as to provide an adequate basis for review, such arguments do not warrant a granting of defendant's motion (CPL 440.10 [3]; 440.30 [4] [d]). In view of the foregoing, and as defendant's remaining contentions lack merit, the order is affirmed.

LaCava, J.P., Nicolai and Iannacci, JJ., concur.
Decision Date: January 20, 2012