The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94).
The court properly exercised its discretion in denying defendant's CPL 440.10 motion without a hearing ( see CPL 440.30 [a], [b]). Although defendant claimed that his trial attorney rendered ineffective assistance by failing to call a particular witness, defendant's moving papers gave no indication of the substance of the potential witness's testimony ( see People v. Session, 34 NY2d 254).