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MATTER OF CANZIO v. KENNEDY

88 A.D.2d 770 (1982)

In the Matter of Albert J. De Canzio, Jr., Petitioner, v. Robert P. Kennedy, as Justice of the Supreme Court, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 14, 1982

Petition unanimously denied, without costs.

Memorandum:

Petitioner was convicted of the murder of Ernest White and his conviction was affirmed on appeal (People v De Canzio, 53 A.D.2d 1065, application for lv to app den 40 N.Y.2d 849). Subsequently, the judgment was vacated on the basis of newly discovered evidence (CPL 440.10, subd 1, par [g]). The evidence which led to the vacatur was the recantation of the testimony...

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