Defendant's appeal, based on alleged ineffective assistance of counsel, challenges the denial of his motion pursuant to CPL
440.10 without a hearing. The People's principal witness at defendant's murder trial was Oliver Anderson. Anderson testified
that he and his brother, Jeremiah Johnson, were in an argument with two men when one of then -- identified by him as defendant
-- drew a pistol and shot Johnson, who staggered and collapsed as Anderson tried to hold him.