The motion to vacate was properly denied. The record supports the court's detailed findings and its conclusion that defendant received effective assistance of trial counsel. Each of trial counsel's alleged deficiencies in his conduct of defendant's extreme emotional disturbance defense ( see, Penal Law § 125.25 [a]) had a plausible strategic explanation, and, in any event, these deficiencies could not have deprived defendant of a fair trial ( see, People v. Benevento, 91 N.Y.2d 708). The motion was properly denied without an evidentiary hearing ( see, People v. Satterfield, 66 N.Y.2d 796, 799) because trial counsel, the only person who could have provided any material information not already before the motion court, was deceased. We have considered and rejected defendant's remaining arguments.
Concur — Rosenberger, J. P., Nardelli, Lerner and Saxe, JJ.