PEOPLE v. WONG


11 A.D.3d 724 (2004)

784 N.Y.S.2d 158

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID K. WONG, Appellant.

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

October 21, 2004.


Mugglin, J.

Defendant challenges the denial of two separate CPL 440.10 motions seeking to vacate his 1987 second degree murder conviction for fatally stabbing a fellow inmate at Clinton Correctional Facility in Clinton County. We first address the latter of the two motions upon which County Court held a hearing to consider an application based on new evidence. Pursuant to CPL 440.10 (1) (g), the court in which judgment has been entered may vacate the judgment on the...

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