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PEPOLE v. TUCKER

171 Misc.2d 1 (1996)

650 N.Y.S.2d 928

The People of the State of New York, Plaintiff, v. Edward Tucker, Defendant.

Supreme Court, Kings County.

October 7, 1996

Attorney(s) appearing for the Case

Laura Saft, Brooklyn, for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Inez-Mary Beyrer of counsel), for plaintiff.

JAMES G. STARKEY, J.

Defendant has moved pursuant to CPL 440.10 for an order vacating his conviction by a jury of murder in the second degree, attempted robbery in the first degree and criminal possession of a weapon in the second degree. Defendant's motion is primarily based upon the recantation of a prosecution witness, Ronald Holloway, who asserted that his trial...

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