People v Jones

People v Jones 2016 NY Slip Op 03196 Decided on April 27, 2016 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 27, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
2014-00769
(Ind. No. 296/11)

[*1]The People of the State of New York, respondent,

v

William Jones, appellant.

Lynn W. L. Fahey, New York, NY (Denise A. Corsí of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, by permission, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Collini, J.), dated January 2, 2014, as denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered December 12, 2012, convicting him of criminal possession of a weapon in the second degree.

ORDERED that the order is affirmed insofar as appealed from.

The Supreme Court providently exercised its discretion in denying, without a hearing, the defendant's motion to vacate his judgment of conviction pursuant to CPL 440.10(1)(g) on the basis of certain allegedly newly discovered evidence. The evidence proffered by the defendant was not "of such character as to create a probability that had [it] been received at the trial the verdict would have been more favorable to the defendant" (CPL 440.10[1][g]; see People v Salemi, 309 NY 208, 216; People v Medina, 79 AD3d 909).

LEVENTHAL, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court