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PEOPLE v. GRAZIOSA

195 Misc.2d 732 (2003)

761 N.Y.S.2d 466

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ROCCO GRAZIOSA, Defendant.

Criminal Court, New York County.

May 9, 2003.

Attorney(s) appearing for the Case

Gerald Shargel, New York City (Henry E. Mazurek of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Brian McCarthy of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT M. STOLZ, J.

The defendant has moved to vacate his conviction pursuant to CPL 440.10 (1) (g) upon the ground of newly discovered evidence.1 After a jury trial, he was convicted of assault in the third degree (Penal Law § 120.00). The complainant was New York Yankee pitcher David Wells. Subsequent to the trial, a book was published in which Mr...

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