PEOPLE v. TAYLOR

Since defendant merely submitted his own affidavit and that of his appellate attorney, who had no personal knowledge of the facts, the motion to vacate judgment on the ground that trial counsel allegedly failed to present defendant's desire to testify before the Grand Jury was properly denied since it was unsupported by any other affidavits or evidence (CPL 440.30 [d]; People v. Brown, 176 A.D.2d 641, lv denied 79 N.Y.2d 944).

Concur — Rosenberger, J.P., Kupferman, Nardelli and Tom, JJ.