PEOPLE v. JACKSON


29 A.D.3d 328 (2006)

816 N.Y.S.2d 22

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BILLROY JACKSON, Appellant.

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

May 4, 2006.


Based upon our review of the evidence adduced at the CPL 440.10 hearing, we conclude that defendant established, by a preponderance of the evidence (see CPL 440.30[6]), the branch of his motion alleging newly discovered evidence. Although the new evidence essentially constitutes impeachment material, it is of such extraordinary significance in undermining the complainant's credibility that it "create[s] a probability that had such evidence been received at the trial...

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