PEOPLE v. WALKER

Defendant's motion to vacate the judgment pursuant to CPL 440.10 on the ground that he did not receive effective assistance of counsel was properly denied without a hearing since the record revealed that there was no reasonable possibility that defendant's allegations were true (CPL 440.30 [d]; see, People v. Satterfield, 66 N.Y.2d 796, 799). The trial court did not abuse its discretion in sentencing defendant pursuant to the plea bargain, where he received a sentence slightly above the permissible minimum for the violent acts perpetrated.

Concur — Murphy, P.J., Kuperman, Asch and Nardelli, JJ.