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PEOPLE v. ROBINSON

211 A.D.2d 733 (1995)

622 N.Y.S.2d 69

The People of the State of New York, Respondent, v. Leroy Robinson, Appellant

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

January 23, 1995

Ordered that the order is affirmed.

The power to vacate a judgment pursuant to CPL article 440 upon the ground of newly discovered evidence, as well as the determination as to whether to hold a hearing on the motion, is within the discretion of the court to which the motion is addressed (see, People v Crimmins, 38 N.Y.2d 407, 415-417; CPL 440.10 [1] [g]). In this case, the proffered newly

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