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PEOPLE, 12159Ares, v. ROY GRAY, def-ap

12159-. PEOPLE, 12159Ares, v. ROY GRAY, def-ap — Richard M. Greenberg, Office of The Appellate Defender, New York (Sara Gurwitch of counsel), for ap — ROBERT T. JOHNSON, DISTRICT ATTORNEY, BRONX (JUSTIN J.BRAUN OF counsel), for res — Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered October 23, 2008, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, and order, same court and Justice, entered on or about June 27, 2011, which denied defendant's CPL 440.10 motion to vacate the judgment, unanimously affirmed.

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12159-. PEOPLE, 12159Ares, v. ROY GRAY, def-ap — Richard M. Greenberg, Office of The Appellate Defender, New York (Sara Gurwitch of counsel), for ap — ROBERT T. JOHNSON, DISTRICT ATTORNEY, BRONX (JUSTIN J.BRAUN OF counsel), for res — Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered October 23, 2008, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, and order, same court and Justice, entered on or about June 27, 2011, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

Defendant was not deprived of effective assistance of counsel by the fact that his attorney did not move to reopen a suppression hearing based on trial testimony. Defendant has not established a reasonable probability that the new evidence elicited at trial would have resulted in suppression of his written confession on the ground of lack of attenuation from an inadmissible oral confession.

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