What is the test for a motion to vacate a conviction for sexual assault?

The defendant has not submitted any affidavits from himself or prior counsel to explain why he is entitled to the extraordinary relief he seeks. The defendant has provided no factual allegations or evidence, which demonstrates that his plea conviction was procured by duress, misrepresentation or fraud on the part of the court, prosecutor, or a person acting on behalf of the court or a prosecutor. And, the defendant has also failed to provide any factual allegation or evidence that the plea was obtained in violation of his federal or state constitutional right. For that reason alone, his application must be denied (People v. Simon, 32 Misc.3d 142[A] [App Term, 1st Dept 2011] ).

In addition, a "judgment of conviction is presumed valid and the party challenging its validity has a burden of coming forward with allegations sufficient to create an issue of fact" (People v. Sessions, 34 N.Y.2d 254, 25556 [1974] ). "In a [motion to vacate] application, it is not enough to make conclusory allegations of ultimate facts; supporting evidentiary facts must be provided" (id. at 256 ).