The trial court properly denied defendant's article 440 motion without a hearing. Defendant moved for relief, claiming that the judgment was obtained in violation of a right under CPL 440.10 (1) (h), but defendant's motion did not explain his failure to adduce evidence in support of his claim. Defendant argues that his conviction rests on false or grossly unreliable testimony in violation of his due process rights, but as Judge Scileppi noted in People v Bennett (...
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