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PEOPLE v. WELLS

Appellate Division of the Supreme Court of New York, Second Department.
Oct 25, 1999

ORDERED that the order is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied his motion pursuant to CPL 440.10 without a hearing since he failed to submit sworn allegations substantiating or tending to substantiate all essential facts necessary to support his claim (see, CPL 440.30[4][b]; People v. Ford, 46 N.Y.2d 1021, 1023 ; People v. Leka, 209 A.D.2d 723, 725 ; People v. Lawson, 191 A.D.2d 514, 515 ).

O'BRIEN, J.P., SULLIVAN, ALTMAN, and KRAUSMAN, JJ., concur.