Opinion
May 6, 1997
Appeal from the Supreme Court, New York County (Renee White, J.).
The trial court properly denied, without a hearing, defendant's motion to vacate the judgment, since the motion could be determined on the trial record taken together with defendant's submissions on the motion ( People v. Satterfield, 66 N.Y.2d 796, 799). The record, viewed in its entirety, indicates that defendant received effective assistance of counsel ( People v. Baldi, 54 N.Y.2d 137), notwithstanding that defendant's counsel did not preserve defendant's right to testify before the Grand Jury ( People v. Taylor, 165 A.D.2d 800). Further, the alleged new evidence defendant claims should have been unearthed by trial counsel would have constituted collateral impeachment information which, in light of the evidence against defendant, would not have affected the jury's verdict ( People v. Hobot, 84 N.Y.2d 1021; People v. Alicea, 229 A.D.2d 80).
We have reviewed defendant's additional claims, including those contained in his pro se supplemental brief, and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Rubin, Tom and Andrias, JJ.