PEOPLE v. CANTY

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 a hearing would establish material nonrecord facts that would entitle him to relief ( see People v Satterfield, supra; People v Demetsenare, supra). The defendant made no showing that his trial counsel's failure to contact additional alibi witnesses prejudiced his case and deprived him of meaningful representation ( see People v Benevento, 91 NY2d 708, 712-714; People v Baldi, 54 NY2d 137, 147). At trial, defense counsel presented an alibi defense and made forceful arguments that the defendant had been misidentified. Counsel made various pretrial motions, vigorously cross-examined the People's witnesses, and gave a cogent summation highlighting potential infirmities in the People's evidence ( see People v Taylor, 1 NY3d 174, 177; People v Ryan, 90 NY2d 822, 823; People v Cabezudo, 303 AD2d 596; People v McDonald, 255 AD2d 688). Under these circumstances, counsel's alleged errors, as raised by the defendant in his moving papers, were insufficient to constitute a deprivation of meaningful representation ( see Strickland v Washington, 466 US 668; People v Baldi, supra.)