PEOPLE v. DEVITO


287 A.D.2d 265 (2001)

731 N.Y.S.2d 5

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DEVITO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIA FEERICK, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO ROSARIO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAYRA SCHULTZ, Appellant.

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

Decided October 4, 2001.


Both motion courts properly concluded that the affidavits from two recently retired supervisory police officers submitted by defendants did not constitute newly discovered evidence within the meaning of CPL 440.10 (1) (g), and that, in any event, they would not have changed the verdict, or the result of the hearings held pursuant to Kastigar v United States (406 U.S. 441) that had been at issue on defendants' prior appeals (People...

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