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PEOPLE v. TUCKER

40 A.D.3d 1213 (2007)

834 N.Y.S.2d 590

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE TUCKER, Appellant.

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

Decided May 10, 2007.

Mugglin, J.

On direct appeal, this Court affirmed defendant's 1983 second degree murder conviction for killing a 71-year-old nun in the City of Albany (115 A.D.2d 175, 176 [1985]). Claiming both that two principal prosecution witnesses have recanted their trial testimony and also the existence of Brady, Rosario and Giglio violations, defendant moved pursuant to CPL 440.10...

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