PEOPLE v. TURNER


215 A.D.2d 703 (1995)

628 N.Y.S.2d 122

The People of the State of New York, Respondent, v. Clinton Turner, Appellant

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

May 22, 1995


Ordered that the order is affirmed.

The defendant contends that he is entitled to vacatur of his conviction, or to a hearing, based on the affidavit of the prosecution's main witness, who has now recanted his trial testimony. It is well settled that "[t]here is no form of proof so unreliable as recanting testimony" (People v Shilitano, 218 N.Y. 161, 170). Under the circumstances of this case the court correctly found that the witness's recantation was incredible...

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