Defendant was convicted of assault and possession of a weapon following an argument with Roberto Nunez, a rival drug dealer. A group of defendant's friends surrounded Nunez and started beating him. Defendant was handed a gun and shot Nunez in the back.
Defendant subsequently moved to vacate the judgment pursuant to CPL 440.10. After hearing, where defendant presented two witnesses alleging that Carmen Perez, not defendant, shot Nunez, the motion was denied.
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