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PEOPLE v. WILLIAMS
Appellate Division of the Supreme Court of New York, Second Department.
Mar 1, 2004
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DECISION ORDER
ORDERED that the order is affirmed.
A motion to vacate a judgment of conviction pursuant to CPL 440.10(1)(h) cannot be made as a substitute for a direct appeal from the judgment when the defendant could have raised his claims on appeal, but failed to do so. Therefore, the Supreme Court properly denied the defendant's motion on that ground ( see People v. Cooks, 67 N.Y.2d 100, 104; People v. Kotler, 271 A.D.2d 548, 549).
The defendant's remaining contention is without merit.
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
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