PEOPLE v. DUKES


106 A.D.2d 906 (1984)

The People of the State of New York, Respondent, v. Maurice Dukes, Appellant

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

December 14, 1984


Order unanimously affirmed.

Memorandum:

Defendant urges that County Court erred in denying without a hearing his CPL 440.10 motion to vacate his 1977 conviction for robbery, first degree, arising from the armed robbery of a dry cleaners. He offered in support of his motion an affidavit made in 1982 by one Cosby, a prosecution witness whose trial testimony had placed defendant at the scene of the crime and who had prior to trial identified defendant from a...

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