PEOPLE OF N.Y. v. COLEMAN

Ordered that the order is affirmed.

In deciding a motion pursuant to CPL 440.10, the trial court need not hold a hearing if the parties' submissions are sufficient to render a determination ( see CPL 440.30, [4]; People v Satterfield, 66 NY2d 796, 799; People v Demetsenare, 14 AD3d 792, 793). The defendant must show that the nonrecord facts sought to be established are material and would entitle him or her to relief ( see People v Satterfield, supra; People v Demetsenare, supra). Here, the defendant's claims of ineffective assistance of trial counsel were largely based upon unsubstantiated, conclusory allegations, and thus, the defendant's motion pursuant to CPL 440.10 was properly denied without a hearing ( see People v Hall, 28 AD3d 678, lv denied 7 NY3d 867; People v Bacchi, 186 AD2d 663).

The defendant's remaining contention was not raised in the underlying motion papers and therefore is not properly before us on appeal.