PEOPLE v. BRATHWAITE


232 A.D.2d 649 (1996)

649 N.Y.S.2d 453

The People of the State of New York, Respondent, v. Stephen Brathwaite, Appellant

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

October 28, 1996


Ordered that the judgment is affirmed.

In 1993, after a jury trial, the defendant was found guilty, inter alia, of murder in the second degree under Indictment No. 5068/91. The defendant moved to have the jury verdict set aside on the ground of newly-discovered evidence, submitting an affidavit in which Wanda Hill swore that she had been present at the time of the shooting and that the defendant had not been the perpetrator. Before a hearing could be held on...

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