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PEOPLE v. GATES

189 A.D.2d 934 (1993)

The People of the State of New York, Respondent, v. Wyley Gates, Appellant

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

January 7, 1993

County Court did not err in denying defendant's CPL 440.10 motion without a hearing. Defendant contends that his motion should be granted on the basis of newly discovered evidence of prosecutorial misconduct in failing to disclose what he characterizes as exculpatory material. Much of the evidence upon which defendant relies was made available to him during the course of his trial and appears in the record. The record thus conclusively...

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