CPL 440.30 (4)(D) Interpretation
In reviewing a post-judgment claim, CPL 440.30 (4) (d) permits a court to deny a motion to vacate a judgment without a hearing if an allegation of fact essential to support the motion is made solely by the defendant and is unsupported by other affidavit or evidence.
CPL 440.30 (4) (d) further provides that under these, and all the other circumstances attending the case, there is no reasonable possibility that such allegation is true.
In People v. Velez, the court held that in the absence of any other evidence to support defendant's claim and given the circumstances of the case, if there is no reasonable possibility that defendant's allegations are true, denial of the post-judgment motion is warranted (see People v. Velez, 18 Misc. 3d 1101[A], 856 N.Y.S.2d 26, 2007 NY Slip Op 52365[U] .
Likewise, in People v. Hunt, the court found that denial of defendant's 440 claim was warranted as the claims were "unsubstantiated" (People v. Hunt, 15 Misc. 3d 1142[A], 841 N.Y.S.2d 822, 2007 NY Slip Op 51113[U] )